Supreme already adds 20 actions against changes in labor reform

March 28, 2018

The end of the compulsory union contribution is the subject of the 20th filed action in the Supreme Federal Court questioning devices of the law 13.467/2017. For the federation representing urban cleaning and conservation workers (Fenascon), it is unconstitutional to allow each employee to decide whether or not to help the category entity. Fenascon states that, as the Repass is the main revenue of the Brazilian trade union system, removing the main source of costing is the same as removing the powers of the unions, "as impossible to act without resources". The optional contribution is criticized, in all, in 14 processes in progress in the STF, under the rapporteur of Minister Edson Fachin. They all claim that the money has a tax legal nature and therefore could only be modified by means of complementary law. Fenascon also repeats the argument that it is necessary to immediately suspend the effects of the new rules, faced with the risk that "the natural delay of the course of the process" compromises the maintenance of sector entities. Fachin, however, has already decided on other processes that the arguments will be dealt with by the plenary directly on merit.

Actions against reform
Author Number Questioned excerpt
Attorney General of the Republic ADI 5,766 Payment of Costs
Confederation of Workers in Transport transport (CONTTMAF) ADI 5,794 End of compulsory Union contribution
Confederation of Private Security Workers (Contrasp) ADI 5,806 Intermittent work
Central Public Server entities (CESP) ADI 5,810 Union contribution
Confederation of Logistics Workers ADI 5,811 Union contribution
Workers ' Federation of posts (Fenepospetro) ADI 5,813 Union contribution
Federation of workers in telecommunications companies (Fenattel) ADI 5,815 Union contribution
Workers ' Federation of posts (Fenepospetro) ADI 5,826 Intermittent work
Federation of workers in telecommunications companies (Fenattel) ADI 5,829 Intermittent work
Confederation of workers in Communications and advertising (CONTCOP) ADI 5,850 Union contribution
National Tourism Confederation ADI 5,859 Union contribution
Confederation of Public Servants of Brazil (CSPB) ADI 5,865 Union contribution
National Association of Magistrates of Labour justice (Anamatra) ADI 5,867 Deposit correction
National Association of Magistrates of Labour justice (Anamatra) ADI 5,870 Compensation limits
National Confederation of Municipal Public Servants (CSPM) ADI 5,885 Union contribution
Federation of Union entities of the bailiffs of Brazil (Fesojus) ADI 5,887 Union contribution
National confederations of workers in tourism and hospitality (CONTRATUH); On land Transport (CNTTT); In the industry (CNTI) and in educational and Cultural establishment (CNTEEC) ADI 5,888 Union contribution
National Confederation of Metallurgical Workers (CNTM) ADI 5,892 Union contribution
National Confederation of Health Workers ADI 5,900 Union contribution
National Federation of Workers in services, cleanliness and conservation, urban cleaning, environment and green areas (Fenascon) ADI 5,912 Union contribution

Click here to read the initial petition. ADI 5,912

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