STF discusses uberization, RJ's buffer mandate and gambling for post-recess

The STF (Supreme Federal Court) went into recess this week and will resume its activities on August 3rd. Before the break, however, the President of the Court, Minister Edson Fachin, had already defined the agenda for the first trials of the second semester.

Among the main topics are the definition of the employment relationship of application workers, the decision on the election model in the case of a "buffer mandate" for the government of Rio de Janeiro, in addition to actions that discuss the Soy Moratorium, the legality of gambling and the scope of the Maria da Penha Law.

Uberization
After successive postponements, the STF scheduled the trial that will define whether drivers and delivery people for digital platforms, such as Uber and iFood, have an employment relationship for the end of August.

The analysis was scheduled for June, but was postponed again following requests from the Public Ministry of Labor and the Federal Public Defender's Office.

In addition to deciding on the existence or not of an employment relationship, the Supreme Court must establish a thesis (rule) that will guide all instances of Justice in the country. The decision is considered one of the most relevant on the labor agenda in recent years, with the potential to impact millions of workers and the business model of digital platforms.

At the end of 2025, Fachin signaled to interlocutors that he would await a possible regulation of the issue by the National Congress. With no progress in the Legislature, the president of the STF returned to the case twice this year, but the trial has not yet started.

Buffer mandate in Rio
The resumption of the trial that will define how the supplementary election for governor and vice-governor of Rio de Janeiro should take place in August is also scheduled for vacancy.

The discussion began in April and revolves around the interpretation of the state Constitution and electoral legislation. Although there is consensus that a new election must be held to complete the mandate, the ministers differ on the format of the choice: whether by direct vote of the population or by indirect election in the Alerj (Legislative Assembly of Rio de Janeiro).

Before the suspension of the trial, caused by a request for a review from Minister Flávio Dino, the score was 4 votes to 1 for the holding of an indirect election.

When requesting more time to analyze the case, Dino stated that he would wait for the publication of the TSE (Superior Electoral Court) ruling that made former governor Cláudio Castro ineligible. The minister returned the case at the end of June, and Fachin scheduled the resumption of the trial for August 19.

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Soy Moratorium
In the session on August 12, the Plenary will analyze the preliminary decision by minister Flávio Dino that suspended judicial and administrative processes across the country related to the so-called Soy Moratorium.

The voluntary agreement, signed by companies in the sector, restricts the purchase of soy produced in areas of the Amazon deforested after July 2008. The ministers will judge two actions that question laws in Mato Grosso and Rondônia aimed at restricting tax incentives for companies that adhere to this type of environmental commitment.

The STF already started analyzing the topic in March this year. After hearing applications in favor and against the proposal, the rapporteur ministers Flávio Dino and Dias Toffoli suspended the judgment and forwarded the case to Nusol (Núcleo de Resolução Consensual de Conflitos) for the final decision.

In mid-June, however, after a series of meetings at Nusol in search of an agreement, the processes returned to the rapporteur ministers' offices without resolution. According to the STF, the meetings were marked by a "broad dialogue between the parties" and the construction of an "environment conducive to the construction of a consensual solution". Despite progress in negotiations, a retreat by the authorities involved throughout the negotiations made it impossible to reach an agreement.

Gambling
Still in August, the STF must decide whether the rule that makes it illegal to explore gambling continues to be valid. Today, anyone who organizes or maintains this type of game can be punished by the courts with fines and other penalties provided for by law.

Ministers will analyze whether this prohibition, created in 1941, is still compatible with the Federal Constitution or whether it has become outdated. In practice, the court will define whether exploring gambling should continue to be a prohibited activity and subject to punishment or whether it will no longer be treated as illegal.

Scope of the Maria da Penha Law
Another topic that should advance in the second half of the year is the definition of the application of the Maria da Penha Law in cases of gender-based violence against women when there is no family, domestic or emotional relationship between victim and aggressor.

Case rapporteur, Minister Edson Fachin argued that the STF needs to clarify the scope of the protection instruments provided for in legislation for women who suffer gender-motivated violence, even outside the contexts traditionally covered by the Maria da Penha Law.

The decision may standardize the Justice's understanding of situations in which violence occurs in public, professional environments or in other relationships without domestic or emotional ties.

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Source: CNN