The Federal Supreme Court (STF) has established that the requirement for prior union intervention in cases of mass dismissals will only apply to dismissals occurring after June 14, 2022, the date of publication of the minutes of the judgment of Extraordinary Appeal (RE) 999435. The judgment established the general repercussion thesis in Theme 638.

The decision was made in the trial of motions for clarification, which concluded its virtual session on 04/12/2023. Minister Luís Roberto Barroso, who wrote the judgment, pointed out that the retroactive application of this thesis could cause a disproportionate burden on employers, since there is no legal or constitutional provision requiring this requirement.