Home » 1st class of the STF analyzes the link between Sheherazade and SBT on March 8

1st class of the STF analyzes the link between Sheherazade and SBT on March 8

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1st class of the STF analyzes the link between Sheherazade and SBT on March 8

The 1st group of the STF will analyze, in a virtual plenary session, whether or not there is an employment relationship between the journalist Rachel Sheherazade and the broadcaster SBT. The case is scheduled for March 8th. The closing, if there is no request for viewing or highlighting, will be on 3/15.

Monocratically, Minister Alexandre de Moraes revoked the decision that had recognized the employment relationship between the journalist and the broadcaster. It is against this decision that the defense is protesting. At the time, the minister considered that the recognition of the link contradicts the STF’s decisions on the legality of outsourcing any and all core activities.

1st STF class analyzes link between Sheherazade and SBT. (Image: Reproduction/Instagram)

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Journalist Rachel Sheherazade sued SBT alleging that she worked at the broadcaster between 2011 and 2020, but, even though she worked as an employee, her employment contract was not registered in her CTPS.

In court, the journalist requested the payment of various labor payments, such as 13th salary, vacation, FGTS and benefits of her profession. In addition to these requests, the journalist requested moral damages due to an episode broadcast on national television at the 2017 Imprensa Trophy.

SBT, in turn, denied that Sheherazade had carried out the exclusive activities of a journalist, therefore not being entitled to the benefits of such a professional category. According to the broadcaster, the remuneration agreed between the parties would have been periodically readjusted, with percentages higher than those provided for in collective rules.

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Millionaire employment relationship

In 2022, a Labor judge found that Sheherazade’s work was carried out over a long period, without a solution for continuity, between 2011 and 2020, “always in a habitual, personal, paid and, above all, subordinate manner”.

The judge then recognized that the parties maintained an employment contract and, therefore, ordered the company SBT to pay labor sums (compensated advance notice, 13th salary, compensation for additional 1/3, etc.) and compensation for moral damages of R$500 thousand. At the time, the judge considered the value of the sentence to be R$4 million.

The TRT of the 2nd region maintained the conviction imposed in the sentence. Having sent the case to the TST, the interlocutory appeal remains pending judgment.

The SBT then sued the STF alleging that the understandings given by the Court regarding the validity of the outsourcing of any and all core activities were disrespected.

Link dropped

When analyzing the case monocratically, Minister Alexandre de Moraes highlighted that the decisions disregarded the service provision contract and declared the existence of an employment relationship. Moras highlighted that in the judgment on Topic 725, the STF recognized the possibility of organizing the division of labor not only through outsourcing, but in other ways developed by economic agents.

Furthermore, the minister recalled the judgment of ADPF 324, in which the Court established the constitutionality of outsourcing core or means activities.

“The joint interpretation of the precedents allows the recognition of the lawfulness of other forms of employment relationship other than the employment relationship governed by the CLT, such as in outsourcing itself or in specific cases, such as the provision of the civil nature of the relationship arising from contracts signed in the terms of law 11,442/07.”

Thus, for the minister, the conclusion adopted by the lower courts contradicted those decided by the Supreme Court.

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In view of this, the request to revoke the sentence and dismiss the labor action was upheld.

An internal appeal was filed against this decision, which will now be analyzed by the 1st panel of the STF.

Similar case

In the same virtual session, ministers will analyze the case of journalist Hermano Henning against the same broadcaster. The rapporteur of the process is minister Cármen Lúcia.

In December, the minister revoked the decision of the TRT of the 2nd region that recognized the employment relationship, on the same grounds as Alexandre de Moraes in the Sheherazade case.

“This decision is out of line with the understanding adopted by the Federal Supreme Court in the judgment of the Claim of Non-compliance with Fundamental Precept No. 324.”

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