Moraes votes for the validity of unfair dismissal

This Wednesday (7), the minister of the Federal Supreme Court (STF), Alexandre de Moraes, voted to validate the unfair dismissal of an employee of a public company or mixed capital company. If Moraes’ thesis wins, the understanding will apply to civil servants admitted through a public examination.

Moraes is the rapporteur of Extraordinary Appeal (RE) 688267 proposed by former Banco do Brasil employees who contest unjustified dismissal.

Also participating in the trial, as interested third parties, are representatives of the Central Única dos Trabalhadores (CUT), the National Association of Lawyers of Caixa Econômica Federal and the National Confederation of Financial Workers. The entities are against dismissal without reason.

For the case’s rapporteur, no motivation is necessary for the dismissal of employees of mixed capital companies who have been hired as CLT employees. Moraes highlighted that, as with private companies, “the Constitution subjects the labor obligations of public companies to the rules of the CLT”.

The employees’ lawyer argued that as state-owned companies are obliged to hire through a public competition, dismissal, as it is an administrative act, cannot occur without reason.

He also highlighted that the equality of public companies with private ones does not exempt compliance with the “constitutional principles of legality, morality and publicity”.

After Moraes’ vote, the session was suspended and should resume on Thursday (8) with the vote of minister Cristiano Zanin.