Toffoli decides to go against Alexandre de Moraes and other members of the STF and suspends a billionaire labor lawsuit involving Petrobras

The minister's decision revives the analysis of a highly valuable labor case and reignites the debate whether Petrobras should be penalized financially or not, regardless of whether it is a state or private company

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On Tuesday, June 27, Justice Dias Toffoli, of the Federal Supreme Court (STF), took an unusual decision, suspending a judgment in a crucial labor lawsuit against Petrobras. In this case, Dias Toffoli, as well as all other members of the First Panel of the STF, had already cast their votes.

Surprising Suspension in the STF

In the judgment of this labor action against Petrobras, Dias Toffoli requested a review, that is, additional time for analysis. On the previous Monday, June 26, the STF had confirmed the annulment of the biggest labor conviction ever faced by the Petrobras. It is estimated that Petrobras could have a financial impact of up to 47 billion reais with this conviction.

Despite all ministers, including Toffoli days, having already registered their votes, the trial, which took place in a virtual plenary, would only officially end next Friday, June 30. By requesting a view at the STF, Toffoli has the opportunity to maintain his vote, change his decision or forward the labor action for judgment in the physical plenary.

The Essence of Dispute

In the labor action against Petrobras, the First Panel of the STF had formed a majority of 3 votes to 1 for annulment. The majority was composed by Dias Toffoli, Alexandre de Moraes (the rapporteur) and Cármen Lúcia. Rosa Weber was the only one to disagree, while Luís Roberto Barroso declared himself a suspect and chose not to participate in the analysis.

The center of the dispute in the labor action is the calculation of the remuneration resulting from a collective agreement of 2007, known as Minimum Remuneration by Level and Regime (RMNR). The TST understood that the formula adopted by Petrobras was irregular.

In his vote, Moraes defended that “There is no repair to be made in the applied understanding, since the regimental grievance did not present any argument capable of deconstructing the pointed obstacles”.

The RMNR established a type of salary floor for the different positions at Petrobras, seeking to match the remuneration of employees, based on the principle of isonomy. However, Petrobras workers' unions argue that the company would have included in the calculation of additional night, dangerous work and confinement remuneration, which would have created a distortion.