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In Thematic Session, TST Links Platforms, Outsourcing, and “PJ” to the Advancement of Informality and Fiscal Risk for Future Generations
The TST presented a straightforward diagnosis to the Senate: the precarization of “gig” work on platforms via “PJ” undermines rights, weakens the funding base for Social Security, and increases informality. In the debate session proposed by Senator Paulo Paim (PT-RS), the President of the Superior Labor Court, Minister Vieira de Mello Filho, questioned who will pay the bill for future generations if CLT, FGTS, and 13th salary continue to lose ground.
According to the TST Portal, the objective was to broaden the discussion and map who loses, how much is lost, and why: from the worker who cannot price their own service to the public budget that fails to receive contributions, in a scenario where the promised autonomy on platforms does not materialize.
What Was Said in the Senate and Why It Matters
The statement from the President of the TST stemmed from a constitutional premise: Brazil’s history of social protection begins with the CLT and cannot be undone by contractual shortcuts.
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A new Brazilian shopping center worth R$ 400 million will be built in an area equivalent to more than 4 football fields, featuring 90 stores, 5 cinemas, a supermarket, a college, and parking for 1,700 cars, potentially generating 3,000 jobs.
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Larger than entire cities in Brazil: BYD is building a 4.6 km² complex in Bahia with a capacity for 600,000 vehicles per year, but the discovery of 163 workers in conditions analogous to slavery has shaken the entire project.
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With an investment of R$ 612 million, a capacity to process 1.2 million liters of milk per day, Piracanjuba inaugurates a mega cheese factory that increases national production, reduces dependence on imports, and repositions Brazil on the global dairy map.
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Brazilian city gains industrial hub for 85 companies that is equivalent to 55 football fields.
Vieira de Mello was clear in explaining who is affected and where the impact appears: workers without dignified contracts, without bargaining power, pushed to accept conditions imposed by apps.
For the minister, the “PJ” system breaks a historical construction of struggles and rights. “I do not see progress in this”, he stated. If progress comes, it should be through specific legislation for new forms of work, but “not to unprotect”.
The warning affects the present of employment and the future of Social Security, since fewer formal jobs mean fewer contributions.
Autonomy That Doesn’t Arrive: The Myth of “Your Time, Your Price”
When discussing the platforms, TST recalled a frequently ignored point: true autonomy means choosing who to work for and setting prices.
In practice, this does not happen. Without pricing power and with unilateral rules, many workers accept minimal conditions to avoid falling into extreme poverty, the minister explained.
This imbalance explains “why” the promise of flexibility turns into social risk: fewer rights today (vacation, 13th salary, FGTS) convert into less income tomorrow, in retirement.
The problem is collective: who will finance the pensions if the contributory base shrinks?
Current Accounts: FGTS, 13th Salary, and Revenue at Stake
The TST associated the deconstruction of labor protection with the loss of mechanisms that sustain the economy, such as 13th salary and FGTS.
When these instruments dwindle, consumption drops, and revenue declines, putting pressure on the budget.
There are concrete numbers that illustrate “how much” is at stake. During the National Labor Enforcement Week, the Labor Court processed over R$ 8 billion, an amount that returns to the real economy and restores income for those who won in court.
Of these amounts, R$ 530 million were social security contributions and Income Tax to the federal coffers — money that helps sustain the system.
CLT vs New Forms of Work: Regulate to Include, Not to Exclude
The president of the TST acknowledged that new forms of work exist and require specific regulation. The central point is not to hinder innovation, but to prevent the exception from becoming the rule to bypass links.
Regulating is including, the court defined: to provide minimum protection, clarify responsibilities, and provide predictability to companies.
For the TST, outsourcing, irregular intermediation, and “PJ” cannot erode the core of rights.
Strengthening unions and collective bargaining was cited as a path to restore balance and improve wealth distribution, without pushing workers to the margins of the law.
Who Participated and How This Resonates in Congress
In addition to the TST, the session included Anamatra, MPT, Ministry of Labor and Employment, Instituto Livre Mercado, National Union of Labor Auditors, CNTE, and Nova Central.
It presents a broad overview of the justice system, the executive branch, and society, which raises the stakes in legislative debate.
For the proponent Paulo Paim, the Labor Court has been a supporting point for agreements and practical solutions, keeping the doors open for dialogue.
The ball is now in Congress’s court, which needs to answer the questions raised in plenary: who pays Social Security? How much does weakening the formal link cost? Where to adjust the legislation without precarizing?
The Final Message from TST: Protection as a Future Policy
In the words of Minister Vieira de Mello, the future of work in Brazil involves effective rights, strong unions, and access to justice.
Widespread “PJ” and “gig” work without a safety net tend to transfer the burden to society as a whole, starting with young people, who may inherit a system without a funding base.
The message is clear: guaranteeing rights is not a setback; it is social infrastructure. Without protection, the cost explodes on Social Security and the budget. With protection, the circle closes: income becomes consumption, taxes, and investment.
TST laid out numbers and arguments and called for regulation that includes, not excludes.
Between innovating and precarizing, there are boundaries and it is Congress that will define them.
Now, we want to hear from you: in your reality, has “gig” work and “PJ” been a choice or a necessity? What rights do you consider non-negotiable (FGTS, 13th salary, vacation, social security contribution)? If you are between 18 and 29 years old, do you believe that your work today funds your retirement tomorrow? Tell us in the comments who you are, which city you work in, and what you would change in regulation — good debate arises from real cases and concrete arguments.
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