On September 4, 2023, the First Class of the Supreme Federal Court (STF) published a decision on women's biweekly right on Sundays (RE 1403904).

The action was filed by the São José and Region Trade Union, in the state of Santa Catarina, in which the 1st degree court condemned a retail network to double payment
for the hours work provided by employees women on the second Sunday
consecutive, as this should be reserved for rest. The decision observed the provisions of article 386 of the CLT and the precedent of the TST that establishes the obligation of the biweekly scale for granting the paid weekly rest to
Sunday for women, as a specific rule of Work protection of the woman.

Minister Cármen Lúcia, rapporteur of the case, maintained the conviction, noting that the CLT device seeks to protect health from workers, taking into account the specific conditions of reality. social and family. The magistrate argued that this decision is in line with the case law of the Supreme Court, which has already validated different gender treatments
to protect fundamental rights of women.
Providing the regimental appeal of the company, there was
Divergence in the plenary, which brought important reflections on the subject. Ministers Luiz Fux
and Luís Roberto Barroso voted for the application of the rule provided for in Law 10.101 /2000, intended to work in trade, which establishes that the paid weekly rest must coincide
with Sunday At least once every three weeks. Minister Fux claimed that this rule is special and should prevail over the prediction of the CLT, which is a general norm. /> On Sundays you could overload women, as these days are often dedicated to household activities. He suggested that public policies could be more effective if they organize off their business days of the week, when children are at school and husbands are working, or if more days off paid off for women in the month.

The theme has been of great relevance at the national level, because many sectors of the economy have a working day on Sundays and house large numbers of women.

The purpose of the decision issued by the Supreme Court is to balance the rights of workers with the needs of the labor market and the family, however, such a decision will have significant implications for companies, especially in the business and trade and Industry, which have Sunday Days, since they should observe the work scales on Sundays
Differentiated for employed women, and this will lead to decision making
Strategic to maintain activity and reduction of labor liabilities resulting from the double payment for the hours worked during this period.