09/02/2026
On February 4, 2026, the Attorney General of the Republic issued an opinion in favor of recognizing the constitutionality of hiring through alternative forms different from those provided for in the CLT (Brazilian Labor Code). The opinion includes the following summary:
“Extraordinary Appeal with Interlocutory Appeal. Theme No. 1,389 RG: ‘jurisdiction and burden of proof in proceedings that discuss the existence of fraud in civil/commercial service agreements; and the lawfulness of hiring a legal entity or an autonomous worker for this purpose’. Opinion in favor of recognizing the constitutionality of hiring through alternative forms different from the traditional employment relationship, as well as the jurisdiction of the ordinary civil courts to decide on the existence, validity, and effectiveness of civil/commercial service agreements, applying the relevant civil procedural rules regarding the allocation of the burden of proof.”
The opinion of the Office of the Attorney General aligns with decisions of the Brazilian Supreme Federal Court regarding the constitutionality and, consequently, the validity of alternative forms of hiring service providers, both in the form of autonomous workers and service providers through legal entities, based on the principles of free enterprise and free competition.
The opinion further reinforces the argument that the parties are increasingly negotiating alternative forms of hiring that depart from the traditional model set forth in the CLT, in order to meet their respective needs, and that the parties’ expression of intent as reflected in the contracts entered into should therefore prevail.
Accordingly, if the parties’ expression of intent prevails through the service agreement entered into, and there is no defect of consent, any dispute regarding the terms of the contract falls under the jurisdiction of the ordinary civil courts, thus excluding the Labor Courts from hearing disputes of this nature.
The Supreme Federal Court has already ruled on the constitutionality of outsourcing any and all activities, whether core or ancillary, and will now rule on General Repercussion Theme No. 1,389, which addresses the validity of service agreements entered into with legal entities or autonomous workers, for which the opinion of the Attorney General is already favorable.
The purpose of the judgment on this theme is to ensure legal certainty, avoiding conflicting decisions between the interpretation adopted by the Supreme Federal Court and that of the Labor Courts.
Authored by: Peterson Vilela Muta
