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22m ago

STF Sends 5x2 Transition to In-Person Vote While Relator’s Order Remains Active

The transfer resets recorded virtual votes and forces a full plenary rehearing that could alter the transitional rules and deadlines set by Minister Flávio Dino.

Por enquanto, vigora início da escala 5x2 a partir de 16 de dezembro
O ministro Luiz Fux, do Supremo Tribunal Federal, interrompeu o julgamento virtual sobre a implementação do fim da escala 6x1.
STF analisa decisão de Dino que flexibilizou manteve o fim da escala 6x1 em dezembro, mas flexibilizou o período de transição.
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Overview

  • On Saturday, Minister Luiz Fux filed a destaque that removed the case from the virtual session and moved it to the Supreme Court’s physical plenary, which restarts the vote and leaves Dino’s liminar in force until the new hearing is scheduled.
  • Dino’s order keeps the planned start for the 5x2 regime on 16 December 2026, cuts the weekly limit from 44 to 42 hours then to 40 hours in December 2027, and allows 42 hours to be spread over five days with up to 8 hours 24 minutes per day during the transition.
  • The liminar also says the extra 24 minutes per day need not be paid as overtime during the interim if no collective agreement exists by 15 December 2026, and it authorizes that temporary rule through 15 December 2027 in those cases.
  • Employer confederations CNC and CNI sued in ADIs 8.041 and 8.042 and both the Chamber and the Senate asked the Court to reject parts of Dino’s changes, especially the flexibilization of rest scheduling and shortened public-contract adaptation periods.
  • Next steps hinge on STF President Edson Fachin setting a date for the presencial plenary, leaving employers and unions racing to negotiate collective accords ahead of the December deadlines and prolonging legal uncertainty until the full Court rules.