In a decision issued on June 17, 2026, Minister Gilmar Mendes ordered the partial lifting of the national suspension of proceedings related to General Repercussion Theme 1,389, which discusses the legality of hiring legal entities and self-employed workers, as well as the jurisdiction and burden of proof in actions alleging fraud in these contracts.
The suspension had been ordered to ensure uniformity in the interpretation of the matter by the Supreme Federal Court. However, given the high number of stalled cases and the impacts on the parties and on the Labor Courts, the Minister deemed it necessary to resume the proceedings in progress in the Labor Courts and Regional Labor Courts.
With this decision, the proceedings can continue normally, including hearings, evidence gathering, sentencing, and the adjudication of ordinary appeals. The suspension remains only for cases that reach the Superior Labor Court, which must await the final ruling on Topic 1.389 by the Supreme Federal Court.
Despite the resumption of proceedings, legal uncertainty on the subject remains. This is because the Supreme Court has not yet defined the binding precedent that will guide the handling of controversies involving so-called "pejotização" (a practice of hiring individuals as independent contractors to avoid labor laws). Thus, although the cases are moving forward again, the Supreme Court's final understanding could directly impact decisions made by lower courts.
It is therefore recommended that companies closely monitor the affected processes and assess the potential impact of the Supreme Court's future decision on their contracting models.
Our office remains available to answer questions and assist in analyzing the impacts of this important decision.
