Chamber asks STF to overturn part of Dino's rules for 5x2 shift schedule

The Chamber of Deputies spoke on Supremo Tribunal Federal (STF) against part of the minister’s decision Flávio Dino which defined rules for the transition from 6x1 to 5x2 scale. In a statement sent to the Court, the Chamber’s lawyers argued that the plenary did not confirm six points of Dino’s decision and preserve the rules approved by Congresso Nacional.

The House agrees, however, with central points of the injunction, among them the maintenance of the calendar approved by Congress, with a 42-hour weekly journey and two days of rest from December 16. The demonstration takes place as the virtual plenary of the STF analyzes the Dino injunction.

Points disputed by the House

Among the points disputed are the possibility of a daily journey of up to eight hours and 24 minutes during the transition, even without agreement or collective agreement, and the flexibility of the limits for the compensation of the two days of rest. The Chamber of Deputies submitted questions to six points of the decision.

In the demonstration, the House Attorneys’ Office stated that Constitutional Amendment 141/2026 was the result of extensive debate in Congress and passed by expressive majorities in the House and Senate. The House also argued that Congress, in passing the constitutional change, sought to balance the interests of workers and employers and created a gradual transition, with specific forecasts for collective bargaining, contracts with public administration and smaller companies.

Advocacy for the integral amendment

According to the Chamber of Deputies, proposals to extend the deadlines were discussed during the proceedings and rejected. Therefore, it advocated that the amendment remain valid in its entirety, without the changes promoted in Dino’s decision.

The amendment was enacted by Congress on October 16. It provides for the gradual reduction of the maximum working day from 44 to 40 hours per week, without salary reduction, and guarantees two days of paid rest per week. The first phase begins on December 16, with a 42-hour weekly limit.

Expressive Voting in Congress

In the House, the proposal had been approved by 472 votes to 22 in the first round and 461 to 19 in the second. In the Senate, there were 75 votes in favor and one against in both rounds.

Flávio Dino granted the introductory sentence on the fifth (12). In addition to the day up to 8:24 during the 42-hour weekly phase, the minister defined rules on collective agreements, salaries, compensation for leave, small companies, public contracts and state-owned companies.

Trial in the virtual plenary

On Friday (13), Minister Alexandre de Moraes accompanied the rapporteur, and the score reached 2 to 0 for the full confirmation of the decision. Dino kept the 5x2 scale to 16 December and pushed away the possibility of a direct shift from the current 44 hours to 40 hours per week if companies and unions did not conclude collective bargaining.

On Friday (13), Dino voted for the STF to fully confirm his decision. Alexandre de Moraes accompanied the rapporteur, leaving the trial 2 to 0. The source did not detail the next steps of the trial.

The outcome of the analysis in the STF will define the rules that will apply to workers and employers in the transition to the 5x2 scale. Follow up on updates to the Boca no Trombone.

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