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Confederation of public servants file suit against change in labor union contributions

The Confederation of Public Servants of Brazil (CSPB) filed the Direct Action for the Declaration of Unconstitutionality (ADI) 5865, an action against Labor-law Reform provisions introduced by Law 13467/1207, which make labor union contributions optional and dispose about its payment. According to the entity, due to its tax nature, the payment of the contribution cannot depend on the free deliberation of the taxpayer.

The CSPB argues that the union contribution is provided in article 8, item IV, of the Brazilian Federal Constitution and the change in its tax nature, provoked by the changes made by Law 13467/1207, in practice, led to its material extinction, which only could happen if the matter was submitted to a required quorum for the approval of constitutional amendments. "The ordinary legislator, transversally, completely subverted the tax nature [of the contribution] by conferring unconstitutional faculties on the taxpayer," emphasizes the plaintiff.

Therefore, the claim requests as a preliminary matter the grant to suspend the effectiveness of part of Articles 1 and 5 of Law 13467/17, which amended the Brazilian Consolidation of Labor Laws (CLT) articles. On the merits, the plaintiff asks for the declaration of unconstitutionality of the rules. By prevention, the case was handed over to Justice Edson Fachin, the judge-rapporteur for the other existing ADIs questioning the amendment.

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Confederation of public servants file suit against change in labor union contribution

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