São Paulo – With the request of Minister Rosa Weber, on Thursday afternoon (3), the Federal Supreme Court (STF) interrupted the judgment of three direct unconstitutional lawsuits against intermittent work (ADIs 5,826, 5,829 and 6,154) . The scoreboard turned. Now, there are 2 votes to 1 in favor of this type of hiring, instituted by the labor “reform” of 2017 (Law 13.467). The decision is not expected until 2021.

The trial began yesterday, with the vote of the rapporteur, Edson Fachin, for unconstitutionality. The first to vote, in the resumption, was the new Minister of the Court, Kassio Nunes Marques. And he opened up the divergence, saying that “it is necessary to think about those who are relegated to informality”.

With this, he repeats the argument of the government and businessmen, presented yesterday, that the intermittent modality does not take jobs from the formal ones, but helps the informal ones. “Although Labor Law cannot be subject to the dictates of the market, it cannot simply turn a blind eye to it.”

Industrial Revolution

Subsequently, Minister Alexandre Moraes followed the divergence, understanding that the changes are constitutional. “Can the ordinary legislator create new forms of contract? Can these new forms break with the traditional and classic rules that were being built and formatted, developed, mainly from the Industrial Revolution? ”, He asked, to answer. “It is not only possible, but absolutely necessary, that the legislator re-analyze from time to time,” he added, pointing out what he called “non-standardization of the day and the workplace”.

Union organizations associate intermittent work with precarious work. The Attorney General’s Office defends the modality, as well as the employers’ confederations. The STF has been sympathetic to the thesis of labor “modernization”.

From January to October, the impact of intermittent work on job creation was minimal. Between admissions and dismissals, a balance of 52,943, according to the General Register of Employees and Unemployed, the “new” Caged.