Brazil's Supreme Court Rules Recess Counts as Teachers' Work Time by Default

Overview

• By majority, the STF held that school recess and intervals between classes generally integrate the workday for private‑school and private‑college professors and are remunerated.
• The Court overturned the TST’s automatic presumption, creating a rebuttable rule that places the burden on the employer to show exclusive personal use of the interval.
• The case was decided in ADPF 1058 brought by Abrafi, with the final standard reflecting an adjusted vote from relator Gilmar Mendes and support from a majority of justices.
• Edson Fachin cast the principal dissent, arguing that teachers remain at the disposal of the institution during breaks and the time should always be counted.
• Labor cases suspended nationwide since 2024 will now resume under the new standard, and the ruling will apply prospectively, avoiding restitution of amounts paid in good faith.