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ARTICLE · 03 MARCH 2023

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In March, Brazil's Federal Supreme Court (STF) is expected to resume its judgment on lawsuits ADI 1.625 and ADC 39, which deal with Convention n.º158 of the International Labor Organization...

BrazilEmployment and HR

Brazil's Federal Supreme Court (STF) and the trial on dismissal without cause

In March, Brazil's Federal Supreme Court (STF) is expected to resume its judgment on lawsuits ADI 1.625 and ADC 39, which deal with Convention n.º158 of the International Labor Organization (ILO) on Termination of Employment, which has generated major discussions in the labor sphere, regarding its impact on the possibility of dismissal without cause. ADI 1.625 has been awaiting a final decision for more than 25 years and may finally have an outcome in 2023.

In a brief summary, in 1995 Brazil ratified ILO Convention n.º 158 ; however, this convention was denounced in 1996 by then President of the Republic, Fernando Henrique Cardoso, by means of Decree 2,100/1996, which determined that the referred convention would cease to be effective in Brazil as of November 20, 1997.

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Founded in 2001, Tauil & Chequer Advogados is a full service law firm with approximately 90 lawyers and offices in Rio de Janeiro, São Paulo and Vitória. T&C represents local and international businesses on their domestic and cross-border activities and offers clients the full range of legal services including: corporate and M&A; debt and equity capital markets; banking and finance; employment and benefits; environmental; intellectual property; litigation and dispute resolution; restructuring, bankruptcy and insolvency; tax; and real estate. The firm has a particularly strong and longstanding presence in the energy, oil and gas and infrastructure industries as well as with pension and investment funds. In December 2009, T&C entered into an agreement to operate in association with Mayer Brown LLP and become "Tauil & Chequer Advogados in association with Mayer Brown LLP."

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This article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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