The journalist sued the workers’ rights channel worth R$8 million, but the Federal Supreme Court found the action unreasonable
The First Panel of the Federal Supreme Court (STF) has decided that journalist Rachel Sheherazade is not entitled to compensation from the SBT. The trial analyzed an appeal lodged by the former presenter, which sought to reverse Minister Alexandre de Moraes’ decision to close the case, lodged in December last year.
Fired in August 2020, Rachel Sheherazade sued the court in March 2021 for compensation from SBT in an initial amount of R$20 million, claiming that she never received any employment rights, such as paid holidays and 13th salary in the nine years and seven months he worked. she that she worked at the company. However, the Regional Labor Court of the 2nd Region (TRT-2) set the value of the case at R$8 million, in 2022.
Even with the TRT’s recommendation, the trial would never have been won, because the STF has already formed a jurisprudence on the legality of outsourcing core activities, a principle supported both by several judicial decisions and by the 2017 labor reform. work would contradict this premise.
All members of the First Panel, except Minister Flávio Dino, agree with Moraes’ position. The group also includes Cármen Lúcia, Luiz Fux and Cristiano Zanin.
The STF based its decision on how the journalist was hired. He acted as a legal entity, representing the company Sheherazade Produções Jornalísticas Ltda., of which he held 99% of the shares between 03/13/2011 and 10/31/2020, providing services for the production of television programs and other activities .
It is worth remembering that those who work as a legal entity do not have the same rights as an individual, but they also do not suffer the heavy tax burden of Brazilian workers – in Rachel Scheherazade’s case, 27.5% of her monthly salary, plus other discounts tax, such as INSS, RAT, FGTS, etc.
Source: Terra

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