By Indianara Goz
Brazil's Supreme Federal Court (STF), the country's highest court, is at the center of a decision that affects the routine of millions of workers. On Friday, Justice Alexandre de Moraes joined the vote of Justice Flávio Dino on how to implement the 5x2 schedule, a model of five workdays and two paid days of rest. The judgment is still open, and the cost of the transition may fall on employers.
What Dino decided on the 5x2 schedule
On Thursday, Dino granted an injunction that preserves the transition calendar. The weekly workload falls from 44 to 42 hours, with a guarantee of two paid rest days. The most notable point is another one: the justice removed the requirements on when the days off must take place and left that definition to collective bargaining between workers and employers.
The 8h24 workday and 24 minutes without overtime
If there is no collective agreement by December 15, 2026, companies may adopt daily shifts of up to 8 hours and 24 minutes. According to the text of the decision, those 24 extra minutes will not have to be paid as overtime during the adaptation period, which runs until December 15, 2027.
In practice, employers with tight schedules gain room to maneuver for a full year without paying extra for that time.
Business confederations challenge the deadlines
The debate reached the STF through actions filed by the National Confederation of Commerce (CNC) and the National Confederation of Industry (CNI), which contest the deadlines and the criteria for applying the rule. Business representatives point to reorganization costs and to difficulties in sectors with specific work schedules.
Before presenting his decision, Dino held a conciliation hearing with business organizations and unions. Even so, the disagreement remains.
What happens next
The virtual trial, in which justices cast votes online, runs until 11 a.m. on Monday, when the remaining justices may weigh in. Until then, the final word has not been given, and the schedule that begins on December 16, 2026 depends on the outcome. Companies and workers need to follow each step, because collective bargaining has become a central piece of the new rule.
Why it matters
The change from a 44-hour to a 42-hour week touches a very large part of Brazil's workforce, and the dispute shows how far the Supreme Court has moved into labor policy. The rule's final shape will depend on the remaining justices and on negotiations between unions and employers.
VDD Analysis
When the STF itself starts deciding how days off should be distributed, the discussion stops being about the rule and becomes about who has the power to create it. The definition of work schedules should come from dialogue between those who work and those who employ, not from rulings handed down in Brasília. Meanwhile, the small business owner, who has no legal department to interpret an injunction, is the one who feels the uncertainty most.
