Inaplicabilidade das aposentadorias espontânea e compulsória da emenda constitucional 103 de 2019 (Reforma da Previdência) aos empregados de estatais que desempenham atividade econômica

Abstract

State-owned companies are governed by a hybrid regulation system, in which rules of public law, sometimes of private law, prevail, based on the field of economic activity to which they are engaged. Thus, state-owned companies that develop economic activity in the strict sense, for the market and through competition, suffer a greater incidence of private law and, consequently, of labor law. Therefore, in the case of the new rules for automatic termination of the contract for spontaneous and compulsory retirement brought by the Pension Reform for public servants in general, as there is no express mention in the provisions of these state companies and because they do not apply to the employment contracts of private companies, the provisions also do not apply to employees of state-owned companies operating in the market. Even if such rules are considered applicable to these companies, their applicability would be more restricted, depending on the express decision of the public administrator, maintaining, however, all sound contractual rights until the recognition of the nullity of the contract. Also, due to the absence of a provision to the contrary, it would not be prohibited to re-hire employees through a new public tender