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STF Opposes TST and Limits Access to Free Labor Justice to Those Who Earn up to R$ 5 Thousand

Summary by CartaCapital
The section of the CLT that guarantees the gratuity to those who receive up to 40% of the roof of Providence – equivalent to 3.262.96 real

12 Articles

Lean Right

The Supreme Federal Court (STF) decided, by a majority, that only those who receive up to R$ 5,000 of salary will be exempt from the costs of a judicial process. The understanding applies to all branches of the Judiciary. Those who receive remuneration above this limit must present concrete evidence that they cannot bear with the expenses to be entitled to the benefit of free justice. Exclusive material for subscribers. To have full access, acce…

·Rio de Janeiro, Brazil
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Left

The section of the CLT that guarantees the gratuity to those who receive up to 40% of the roof of Providence – equivalent to 3.262.96 real

·São Paulo, Brazil
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Supreme decides that gratuity in labor processes requires proof of income; benefit goes to those who receive up to R$ 5,000. Decision contrary practice of TST. The post STF limits gratuity in labor actions to those who prove income up to R$ 5,000 apareceu primeiro em Monitor do Mercado.

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Positioning of Gilmar Mendes won understanding of Edson Fachin and Carmen Lúcia. Read in the People's Gazette.

·Curitiba, Brazil
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STF Plenary in Trial SessionSTF decides that labor gratuitousness requires proof of income of up to R$ 5,000

The plenary of the Supreme Federal Court (STF) decided, on Thursday (3), that gratuity in labor proceedings can only be granted by proof of income. The decision contrary to the practice adopted by the Superior Labour Court (TST). For the TST, it was sufficient to present the declaration of economic undersufficiency to obtain free judicial assistance. In [...]

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CartaCapital broke the news in São Paulo, Brazil on Thursday, September 3, 2026.
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