STF Begins Deliberation on Limits of Union Assistance Fee Collection

In brief

The Federal Supreme Court (STF) has resumed its judgment on the constitutionality of charging union assistance fees to employees who are not union members.

In more detail

In 2017, the STF had declared the collection of assistance contributions from non-unionized employees unconstitutional, leading to their suspension. However, in 2023, the Court reversed its position, allowing the fee to be charged to all employees, provided that the right to object is guaranteed.

In his vote, Justice Gilmar Mendes argued that there is no legal basis for retroactive charges prior to the STF’s change in interpretation, noting that such retroactive collection would violate the principles of legal certainty and legitimate expectation.

This position is particularly relevant, as many unions have attempted to impose retroactive payments on companies for periods before 2023. If the Court fully upholds this view, it could prevent such attempts and offer greater predictability for businesses.

Justice Mendes also emphasized that the right to object must be exercised without obstacles imposed by third parties, including trade unions, which sometimes set tight deadlines for submitting letters of objection. According to the ruling, no third party may hinder or restrict the exercise of this right. The channels provided for registering opposition must be as accessible as those used for membership, under penalty of invalidating the charge.

The Justice further stated that the contribution amount must be reasonable, compatible with the economic capacity of the category, and approved in a transparent assembly.

So far, Justices Alexandre de Moraes, Cristiano Zanin, and Dias Toffoli have aligned with Gilmar Mendes’s vote. The trial was suspended on June 24, 2025, following a request for review by Justice André Mendonça.

The STF is expected to define the operational rules for exercising the right to object, including deadlines, formats, and available channels.