STF has 4 votes to maintain end of 6×1 scale

The Supremo Tribunal Federal (STF) registered, until late Friday (13), four votes to validate the injunction of the minister Flávio Dino that set rules for the transition of the end of the 6x1 scale. The trial takes place in the virtual plenary of the Court until next Monday (16). The decision maintains the start of the 5x2 scale on 16 December 2026, but makes the transition rule flexible.

Votes in favour of Dino's injunction

Dino defended the maintenance of his decision. To date, ministers Alexandre de Moraes, Cármen Lúcia and Gilmar Mendes have followed the vote. With four votes, the injunction is close to being endorsed by the Court.

The transition determined by Congress sets the limit of 42 hours a week and two rests from December 16, 2026, reaching 40 hours a year later. Dino's decision keeps the start of the 5×2 scale on the same date, however, loosens the transition rule.

Flexibilization in the transition journey

In the eventual absence of an agreement or collective agreement until 15 December 2026, the distribution of the working day in 5 working days (days of up to 8 hours and 24 minutes) is authorised until 15 December 2027 without the incidence of overtime overtime overtime.

This flexibility allows companies and workers to gradually adapt to the new reality, avoiding abrupt impacts on the production routine. The measure seeks to balance worker protection with the economic viability of companies.

Deadline for trade union renegotiation

The minister has set a 90-day window (starting on December 16, 2026) for trade unions and employers to renegotiate counterparties in existing collective agreements and conventions affected by the new rules.

This period is crucial for adjusting bank clauses of hours, additional and other conditions that may be impacted by the change in scale. The renegotiation seeks to preserve rights won and adapt the working relations to the new model.

Public procurement and tendering

The injunction also gives a maximum period of 180 days (from the publication of the constitutional amendment) for the adaptation of public contracts and ongoing tenders. This directly affects public bodies and contracted companies, which will need to review journeys and costs.

In addition, it extends to employees of public companies and mixed-economy companies in a competitive environment the same regime of exception to working hours applicable to high-income workers and private sector qualifications.

Request to Congress

The rapporteur also asked Congress to discipline, in up to 180 days, the differentiated work regimes by sector and the treatment favored to micro and small enterprises (SMEs). The request aims to create specific rules for distinct realities such as commerce, industry and services.

Earlier, the House of Representatives asked the STF to reject some of the changes determined by Dino. The Attorney General’s Office argued that the constitutional amendment passed by Congress is the result of “broad democratic debate and consensus” and upholds the timetable set by lawmakers.

Differences between powers

The House demonstration highlights a tension between the legislature and the judiciary over the limits of STF’s performance in public policies. While Congress defends its prerogative to legislate, the STF seeks to ensure the constitutionality and protection of labor rights.

The virtual trial continues until Monday (16), and new votes can be registered. The final decision will have a direct impact on the lives of millions of Brazilian workers and on the organization of companies throughout the country.

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