Divergences between the STF and TST on pejotization

In an article for Revista Consultor Jurídico (ConJur), partner Alexandre Fragoso Silvestre talks about the news that has emerged about STF decisions that change previous TST and TRT decisions. These decisions mainly deal with the recognition of employment relationships for workers hired as legal entities.

“The case being discussed must be closely connected, correlated, bring the same facts, so that it can then have its merits assessed. In other words, in order to allow pejotização, for example, of doctors or any other liberal professional, it is essential that in the ordinary instances it has not been proven that there was fraud, or that the four main requirements of the employment relationship were not present, namely: onerousness, personality, habituality and subordination”, explains Alexandre.

Read the full article at https://www.conjur.com.br/2024-mai-25/divergencias-entre-stf-e-tst-em-relacao-a-pejotizacao/

Related publications

Does the embryo have rights? New Civil Code could regulate fertilization and surrogacy

In an article for InfoMoney, lawyer Ana Clara Martins Fernandes talks about the innovation brought about by the reform of the Civil Code in the field of family and succession law, when it comes to filiation and the use of genetic material. For Ana Clara, the new wording ensures that the will of the deceased person is clearly understood, avoiding ambiguous interpretations and providing more legal certainty. “These are very positive changes that aim to adapt the Civil Code to the new social and technological…

Due diligence in M&A operations: understand what the importance is for buying and selling companies

Due diligence is an absolutely indispensable market practice in merger, acquisition, spin-off, or incorporation processes, as it allows, with total transparency, to know in depth the real situation of the company in question, the advantages and risks associated with a possible decision. It is an essential audit process to re-evaluate the transaction of purchase, sale and corporate reorganizations, through the analysis of the target company’s strengths and weaknesses.  This audit is also responsible for reviewing the practices and routines of the audited company in the…

11 tax’s key Issues for multinationals and Brazilian companies

Briganti Advogados, as a renowned Tax Law office and international operations, supports the search for the best tax efficiency for Brazilian and foreign companies that run trades across various jurisdictions. This action seeks to plan the beginning of the business, whether it is the purchase and sale, distribution, eventual permanent investment, or the organization of an existing business structure that, due to some characteristics of the countries’ legislation involved, does not reach the best tax efficiency.  In our daily tax consulting practice, it is common…