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Uncertainties surround mass dismissals in Brazil following Supreme Court ruling
06/07/2022
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Supremo Tribunal Federal Building in Brasilia
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Fernanda Rochael Nasciutti is the leader of BMS’s employment practice
Fernanda Nasciutti is the leader of BMA’s employment practice

In a decision issued on 8 June 2022, Brazil’s constitutional court ruled that in mass dismissals intervention by the union representing the affected workers is necessary. The Federal Supreme Court (STF) summarised its ruling as follows: “Prior union intervention, which must not be confused with prior authorisation by union entities or collective bargaining conventions and agreements, is an indispensable procedural requirement for a mass dismissal of workers”.