STF needs to regulate right of opposition

Permission to charge assistance contributions from non-unionized workers must be regulated by the Federal Supreme Court (STF) and include mechanisms to enforce the right to object, assesses Thiago Collodel, coordinating partner at Araúz Advogados.

The judgment reached 11 votes this Monday (11). Unanimously, the Court defined the thesis that “the institution, by collective agreement or convention, of welfare contributions to be imposed on all employees in the category, even if not unionized, is constitutional, as long as the right to object is ensured”. Minister André Mendonça did not vote, as his predecessor, Marco Aurélio de Mello, had already expressed his opinion in this action.

For Collodel, the STF understood that the worker has the right to oppose the charge and, therefore, not pay the contribution. “The big doubt is about the form of this opposition, since we don’t know whether it will be regulated or not in the STF’s decision”, says the lawyer.

According to him, unions make opposition difficult, often determining a number of days for the worker to demonstrate, in specific locations, usually at the union headquarters, through a document written in their own handwriting – which sometimes makes it impossible to express their will. of the worker.

“Opposition must be guaranteed in its full right, at any time and in any form, including expressing interest in the respective companies’ own HR”, argues the lawyer.