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Fux Sends 6x1 Transition Case to STF Plenary, Resetting Virtual Votes

The move compels a full in-person rehearing, leaving the relator’s transitional liminar in force pending a final ruling.

Overview

  • Minister Luiz Fux filed a destaque that removed the case from the virtual session and ordered it to be relisted for a physical plenary, which restarts the voting sequence among the full court.
  • Flávio Dino’s liminar — which preserves the December 16, 2026 start of the 5x2 transition, cuts the weekly limit to 42 hours on that date and to 40 hours in December 2027, and sets short-term adaptation windows — remains effective until the plenary decides.
  • Dino’s temporary rules allow, if no collective agreement exists by December 15, 2026, the distribution of 42 weekly hours across five days with up to 8 hours and 24 minutes daily without overtime on the 24 extra minutes, valid through December 15, 2027.
  • Employer groups CNC and CNI brought ADIs 8.041 and 8.042 challenging aspects of implementation, and both the Chamber of Deputies and the Senate have asked the Court to reject parts of Dino’s alterations.
  • The case will await scheduling by STF President Edson Fachin and when reheard in person ministers may change their positions, but the liminar’s deadlines for 90-day collective renegotiation and 180-day public-contract adaptation continue to shape how employers and unions must prepare.