Superior Labor Court justice discusses results of research on Federal Supreme Court labor rulings

The event will also launch a study titled “Outsourcing, Bogus Self-Employment and the Federal Supreme Court: Analysis of Constitutional Complaints,” produced by the FGV Sao Paulo Law School.
Law
21 November 2023
Superior Labor Court justice discusses results of research on Federal Supreme Court labor rulings

Fundação Getulio Vargas’ Sao Paulo Law School is holding an event called “Labor Law and the Federal Supreme Court: Present Situation and Future Prospects,” to reflect on how labor law has been interpreted by the Federal Supreme Court. This public event will be livestreamed on FGV’s YouTube channel on November 22, at 8:30 a.m. The discussions will feature Justice Luiz Philippe Vieira de Mello Filho of the Superior Labor Court.

The event will also launch a study titled “Outsourcing, Bogus Self-Employment and the Federal Supreme Court: Analysis of Constitutional Complaints,” produced by the FGV Sao Paulo Law School, which analyzed 841 individual decisions by Federal Supreme Court justices on this subject between January and August 2023.

According to Professor Olivia Pasqualeto, one of the study’s organizers, “This event comes at an opportune moment, considering the great repercussion of Federal Supreme Court decisions that have ruled out the labor nature of certain forms of hiring, validating the idea of ‘bogus self-employment.’”

Many decisions on this subject are made by individual justices, in the context of constitutional complaints, with the main aim of preserving the Supreme Court’s role and the authority of its rulings. However, there have been controversies about the consistency between constitutional complaints and the Federal Supreme Court’s jurisprudence.

During the event, labor and constitutional experts will discuss issues such as limitations on the jurisdiction of labor courts imposed by the Federal Supreme Court, analyze the present situation and ponder future prospects for the Federal Supreme Court’s actions in cases involving labor law, emphasizing bogus self-employment and the jurisdiction of labor courts. 

See the event’s full schedule below: 

8:30 a.m. – Check-in

9:00 a.m. – Present Situation and Future Prospects for Labor Law and the Federal Supreme Court

  • Luiz Philippe Vieira de Mello Filho, Superior Labor Court justice
  • Oscar Vilhena Vieira, professor and dean of FGV Sao Paulo Law School
  • Silvana Abramo, researcher at University of Sao Paulo’s Labor Law Research and Extension Center and deputy coordinator of study titled “Technical Statement 3 of 2023: Analysis of Recent Federal Supreme Court Rulings Regarding Jurisdiction of Labor Courts in Brazil” 
  • Otávio Pinto e Silva, lawyer and professor of labor law at University of Sao Paulo Law School
  • Cláudia José Abud, lawyer and coordinator of the Labor Lab Committee Cultural Center at the Sao Paulo branch of the Brazilian Bar Association 
  • Olívia Pasqualeto, professor and researcher at FGV Sao Paulo Law School
  • Ana Laura Pereira Barbosa, researcher in Supreme Court on the Agenda Research Group at FGV Sao Paulo Law School

10:30 a.m. – Final debate

To take part, please sign up here

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