The Federal Regional Court of the 6th Region upheld the validity of Decree No. 11,795/23 and Ordinance No. 3,714/23, which regulate Law 14,611/23 and impose on companies with more than 100 employees the obligation to publish transparency reports on the wage gap between men and women. The decision was issued in the judgment of an appeal filed in a writ of mandamus challenging the legality of these acts. The rapporteur, Federal Judge Gláucio Ferreira Maciel Gonçalves, understood that the regulations remain within the limits of regulatory power, without creating obligations not provided for by law.
Among the arguments against the requirements was the potential violation of the General Data Protection Law (LGPD) and constitutional principles related to privacy and free enterprise. The Court, however, concluded that the anonymization provided for in the regulations is sufficient to safeguard the personal data of workers, including in situations where few people occupy certain positions. The rapporteur also emphasized that the disclosure of this information does not compromise trade secrets or commercial strategies.
The decision also confirmed that the participation of unions and employees in the development and implementation of action plans to mitigate wage inequalities is already included in Law 14.611/23, and does not constitute a normative innovation. Thus, the TRF6 reaffirmed the constitutionality and legality of the rules on salary transparency, reinforcing public policies aimed at promoting equal pay between men and women in the corporate sphere.
