Overview
- The STF stands at 3–1 to reject ABRAFI’s ADPF 1058 and preserve TST decisions that treat school recess as time at the employer’s disposal.
- Votes favoring maintenance of the TST view include Edson Fachin, Cármen Lúcia and the preserved virtual vote of Luís Roberto Barroso, while relator Gilmar Mendes registered a partial divergence.
- The session was paused and will resume on Thursday, with Barroso’s earlier virtual vote kept on the record after his early retirement.
- Gilmar Mendes argued recess should not be automatically counted as work time and said availability to the employer must be demonstrated in each concrete case.
- The AGU and PGR urged the Court not to admit the case on procedural grounds, noting the TST applied the CLT, as a nationwide suspension ordered last year awaits the final decision.