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Brazil's Supreme Court Wraps Hearing on 'Pejotização' as It Weighs Nationwide Rules

Thousands of lawsuits remain on hold with no judgment date pending Supreme Court standards for PJ hiring.

Overview

  • Minister Gilmar Mendes closed the public hearing by rejecting simplistic fixes and signaling that different labor models may need to coexist under clear guidelines.
  • Any ruling will carry repercussão geral, setting a binding precedent nationwide, and roughly 34,700 related cases remain suspended awaiting the Court’s decision.
  • Attorney-General Jorge Messias warned that widespread PJ contracting erodes the 1988 constitutional social pact and weakens labor rights and social security funding.
  • Labor auditors reported about 4.4 million dismissed workers became MEIs from January 2022 to July 2025, with more than half continuing the same functions at the same companies.
  • Business and legal representatives defended legitimate PJ arrangements for autonomous work and proposed objective fraud criteria, a burden-of-proof test based on worker vulnerability, and progressive taxation on legal entities.