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The Minister’s Decision Revives Analysis of Highly Valuable Labor Case and Rekindles the Discussion on Whether Petrobras Should Be Financially Penalized or Not, Regardless of Being a State-Owned or Private Company
Dias Toffoli
On Tuesday, June 27, Minister Dias Toffoli of the Supreme Federal Court (STF) made an unusual decision, suspending a judgment of a crucial labor action against Petrobras. In this case, Dias Toffoli, along with all other members of the First Panel of the STF, had already cast their votes.
Surprising Suspension at the STF
During the judgment of this labor action against Petrobras, Dias Toffoli requested a view, meaning additional time for analysis. The previous Monday, June 26, the STF had confirmed the annulment of the largest labor sentence ever faced by Petrobras. It is estimated that Petrobras could face a financial impact of up to 47 billion reais from this sentence.
Even though all ministers, including Dias Toffoli, had already registered their votes, the judgment taking place in a virtual plenary would only officially conclude on the following Friday, June 30. By requesting a view at the STF, Toffoli has the opportunity to maintain his vote, alter his decision, or forward the labor action for judgment in the physical plenary.
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The Essence of the Dispute
In the labor action against Petrobras, the First Panel of the STF had formed a majority of 3 votes to 1 for the annulment. The majority consisted of Dias Toffoli, Alexandre de Moraes (the rapporteur), and Cármen Lúcia. Rosa Weber was the only one to diverge, while Luís Roberto Barroso declared himself suspect and opted not to participate in the analysis.
The crux of the dispute in the labor action is the calculation of remuneration resulting from a collective agreement from 2007, known as Minimum Remuneration by Level and Regime (RMNR). The TST deemed that the formula adopted by Petrobras was irregular.
In his vote, Moraes argued that “There is no repair to be made on the understanding applied, as the procedural appeal did not present any argument capable of undermining the pointed obstacles.”
The RMNR established a type of salary floor for different positions at Petrobras, seeking to equalize employees’ remuneration based on the principle of isonomy. However, Petrobras workers’ unions argue that the company included night, danger, and confinement allowances in the remuneration calculation, which would have created a distortion.
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