Toffoli suspends TST decision that forced Petrobras to pay a billion-dollar fine

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Minister Dias Toffoli, of the Federal Supreme Court, suspended the decision of the Superior Labor Court that condemned Petrobras to pay a billion-dollar fine in a process that discusses the method of payment of salary funds. The minister also suspended individual and collective actions discussing this matter, whatever the stage of processing, until the court's final deliberation.


In the decision, Toffoli states that the Consolidation of Labor Laws itself determines that, in the event of a constitutional issue in a matter judged under the rite of repetitive appeals, knowledge of any extraordinary appeals filed cannot be prevented.

“The TST ordered the taking of B2B Lead measures aimed at executing a judgment whose ruling was not even published and, furthermore, without even waiting for the deadline to file other appeals, in light of the decision. As if that were not enough, the economic effects that the implementation of this decision could have on the applicant's coffers are notorious, justifying waiting for the ruling of this Supreme Court on the matter, before proceeding with the settlement of the judgment handed down by the TST”, explains the minister.

In the appeal to the Supreme Court, the company's lawyers claimed the risk of irreparable damage if the TST's decision began to be complied with, even though an appeal was still possible. “The company says that the case involves 51 thousand Petrobras employees, in 47 collective actions and more than 7,000 individual actions, with a financial impact approaching R$17 billion. And, if the injunction to suspend the TST's decision is not granted, the state-owned company will have to make an immediate provision of R$900 million for the processes in the execution phase”, he says.



The case in which Petrobras was defeated in the TST refers to the remuneration policy for its employees in force since 2007, with the adoption of the Minimum Level and Regime Remuneration.

In the appeal to the STF, however, the state-owned company argues that the execution of the process cannot be immediately applied, as determined by the TST, because there is constitutional matter yet to be discussed in the case, which attracts the jurisdiction of the Supreme Court.