PGR activates STF to regulate the performance of workers in business management

The Attorney General’s Office (PGR) asked the Federal Supreme Court (STF) to recognize the omission in regulating workers’ rights in company management. The body pointed out that the right is provided for in article 7, XI, of the Federal Constitution. The constitutional text provides for establishing “sharing in profits, or results, unrelated to remuneration, and, exceptionally, participation in the management of the company”. The PGR requested that the Court set a deadline for the National Congress to establish a law on the subject.

“In any case, the unconstitutional omission
of the National Congress in issuing a law that regulates the social right to
participation in the management of the company, provided for in art. 7th, XI, of the Federal Constitution”, wrote the then interim attorney general, Elizeta Ramos. Direct Action of Unconstitutionality by Omission (ADO) 85 was filed on December 14th. The case report was distributed to Minister Gilmar Mendes.

The PGR pointed out that “the legislative process has been procrastinated for so long that the practical effect is the same if there is no bill: the persistence of the lack of regulation for the implementation of a constitutional norm or for other pending matters”.

Ramos stated in the petition that two bills were presented to regulate the role of employees in company management, but were not approved. The prosecutor cited PL 5697/1990, authored by deputy Chico Amaral (SP), who died in 2016; and PL 1915/2019, presented by senator Jaques Wagner (PT-BA).

“None of the proposals, however, were successful in the respective legislative processes. Thus, despite parliamentary initiatives, the fact is that the social right to participate in company management has remained unregulated for more than 35 years, with continuous and repeated damage to the fundamental right granted by the Federal Constitution to urban and rural workers” , said the PGR.

With this, the PGR asks the Supreme Court to declare the “unconstitutional omission in the issuance of a federal law that regulates the social right to management participation in the company by urban and rural workers”; and set a “reasonable deadline for the National Congress to remedy the delay
legislative”.