Mariana Capozoli and Juliana Medeiros

On October 10, 2025, the STF concluded its judgment, establishing that companies that did not take part in the cognizance stage cannot be included at the labor enforcement stage, except in cases of (i) business succession (art. 448-A of the Consolidated Labor Laws (CLT) – when a company takes over the establishment of the previous company) and (ii) abuse of legal personality (art. 50 of the Civil Code (CC) – when there is misuse of the company’s purpose with the intent to harm creditors or commit unlawful acts, or when there is commingling of assets).

In the exceptions mentioned above, the creditor must use the procedure for disregarding the legal entity (veil piercing), ensuring the right to adversarial proceedings and full defense, without the need for a prior guarantee.

Finally, the STF clarified that this understanding does not apply i) to cases that have become final and unappealable, ii) to credits already paid, or iii) to enforcement proceedings that have been concluded or permanently archived.