Federal Supreme Court declares the facultative nature of the union contribution as constitutional

On June 29th, the Federal Supreme Court ceased the voting of the Direct Suit of Unconstitutionality (ADI) 5794, declaring the constitutionality of articles introduced by the Labor Reform (Law 13.467/2017) that extinguished the compulsory nature of the union contribution fees.

The ruling was initiated on June 28th, and its outcome was in favor of the constitutional aspect, with 6 (six) votes, against 3 (three) for the unconstitutionality of the articles. According to the understanding of the ministers with the vote majority, it is inadmissible for the union contribution fees to be imposed on workers and employers when the Constitution determines that nobody can be forced to join or keep being a member of a union entity. The ADI 5794, which was the object of the ruling, was filed by the National Confederation of Workers in Water and Aerial Transport, in Fishing and in Ports (CONTTMAF). The other 19 suits that were filed regarding this matter were annexed to it, thus making the decision emitted by the STF applicable to all related lawsuits.

Lastly, in light of this decision it is important to highlight that all companies that did not pay the union contribution in the beginning of this year have now had their legal basis reaffirmed by the Federal Supreme Court.

We remain available for any other orientation that may become necessary.