(PT) Publicações

Brazil’s Supreme Court reinforces the limits of labor enforcement and upholds due process of law

Brazil’s Supreme Court (STF) has consolidated its understanding that it is unconstitutional to include, at the enforcement stage of labor proceedings, companies that did not participate in the merits phase, even if they are part of the same corporate group.

With general repercussion recognized (Theme 1.232), the Court reaffirmed a fundamental principle of due process: no party can be compelled to answer for obligations arising from proceedings in which it did not participate or have the opportunity to present a defense.

The ruling reflects the Court’s growing concern with balancing the effectiveness of labor justice and the strict observance of constitutional guarantees. By rejecting the automatic inclusion of companies in the enforcement phase, the Court reinforced the importance of the adversarial system, the right to a full defense, and predictability in legal relations.

From a business perspective, the precedent requires greater attention to group structuring, corporate governance, and management of labor liabilities. For the legal profession, it highlights the relevance of a technical and preventive practice, focused on risk assessment and procedural integrity, particularly in complex litigation involving multiple entities.

The decision represents an advance in consolidating legal certainty, promoting a fairer balance between speed and justice, values that must coexist in a modern and responsible judicial system.