The Federal Supreme Court began, in a virtual plenary session, the judgment of the opposing motions for clarification in Extraordinary Appeal No. nº 1018459, in which the constitutionality of assistance contribution imposed to employees not affiliated to the union, by collective is discussed.

On Friday, April 14, the votes of Ministers Luis Roberto Barroso and Gilmar Mendes were presented. According to the votes, a normative clause establishing the collection of assistance contributions from employees of the category, even if not affiliated to the union, would be valid, provided that the right to opposition is assured. According to Minister Barroso, the participation of workers in the assembly would serve so that workers can express their opposition to the inclusion of such contribution in the context of a collective norm.

The votes indicate a possible change in the understanding of the STF regarding the deduction of contributions from employees’ salaries in favor of union entities. In 2018, the Supreme Court had ruled that the imposition of charging assistance contributions to non-union employees was unconstitutional. Motions for clarification were filed against this decision, which are now being judged in the virtual plenary.

The judgment is scheduled to end next Monday, April 24, if no request is made or no highlight is presented, still missing the vote of 8 (eight) Justices.