In June 2018, the Federal Supreme Court (STF) ruled for the unconstitutionality of the assistance contribution imposed by collective agreement on non-unionized employees. This understanding had prevailed unanimously until today.

In a trial at the virtual session initiated on 04/14/2023, the Minister Reporter, Gilmar Mendes, voted in favor of changing the previously understanding, admitting the collection of the assistance contribution provided for in art. 513 of the CLT, even from non-union members, as long as the right to oppose is ensured.

Ministers Carmen Lúcia, Luís Roberto Barroso, Marco Aurélio, Edson Fachin and Dias Toffoli followed the vote, forming a majority vote (6 x 0) to validate the collection of the contribution from employees who are not union members.

The trial is not over, since Minister Alexandre de Moraes has asked for access to the case docket.

At the end, the Ministers must still decide on the modulation of the effects of this decision.