Supreme Federal Court (STF): what it does and how it handles labor cases

The Supreme Federal Court (Supremo Tribunal Federal, STF) is the apex of Brazil's judiciary and is primarily responsible for safeguarding the Constitution, under Article 102 of the 1988 Federal Constitution.

The STF has 11 justices, all native-born Brazilians, chosen from citizens over 35 and under 70 years of age, of notable legal knowledge and untarnished reputation, and appointed by the President of the Republic after Senate approval.

The STF in labor matters

In labor matters, the STF does not hear labor cases at first instance. It acts mainly through the Extraordinary Appeal (Recurso Extraordinário, RE), available when the contested decision contravenes a provision of the Constitution.

Since Constitutional Amendment 45/2004, there has been a requirement of general repercussion: the STF only reviews the appeal if the constitutional question it raises has economic, political, social or legal relevance that goes beyond the subjective interests of the case.

Constitutional Reclamation against Superior Labor Court decisions

The STF can also be brought in through a Constitutional Reclamation (Reclamação Constitucional), a remedy available to preserve the Court's jurisdiction or guarantee the authority of its decisions, and to ensure compliance with binding precedents (súmulas vinculantes) and with decisions in abstract constitutionality review.

If the Superior Labor Court (Tribunal Superior do Trabalho, TST) contradicts an STF decision or misapplies a binding precedent, the affected party may file a reclamation with the Supreme Court.

The STF and the 2017 Labor Reform

In practice, the STF has been called on more and more to rule on labor issues, especially after the 2017 Labor Reform. STF decisions on outsourcing, the validity of collective agreements and other topics have reshaped labor relations in Brazil.

This role has sparked debate: part of labor-law scholarship argues that the STF, by reinterpreting rights and limiting the role of the Labor Courts, has promoted a process of "dehydration" of the labor jurisdiction provided for in the Constitution.

The path of a labor case to the STF

The full labor appeals path is: Labor Court (Vara do Trabalho) → Regional Labor Court (TRT) → TST → STF. The STF has the last word on constitutional matters, but does not re-examine facts and evidence, only whether the decision conforms to the Constitution.

Frequently asked questions

Does the STF hear an individual's labor claim?

Only when there is a constitutional question, through an Extraordinary Appeal with general repercussion, or through a Reclamation to enforce an STF decision. The case does not start at the STF.

Entenda seus direitos: Terceirizado: direitos e quem paga se a prestadora não pagar · Justiça do Trabalho: como funciona e como entrar com ação · Guia de direitos trabalhistas