Decision limits the enforcement of fines related to psychosocial risks but maintains companies’ compliance obligations.
By Graziela Barreto
Legale Overseas, no. 986.
The Federal Court of São Paulo, Brazil, granted, last week, a preliminary injunction in a lawsuit filed by the Federation of Industries of the State of São Paulo (Fiesp), determining that the Ministry of Labor and Employment (MTE) refrain from imposing sanctions on companies represented by the entity and its affiliated trade unions in connection with the new requirements of Regulatory Standard No. 1 (NR-1) regarding psychosocial risks in the workplace. The measure benefits approximately 130,000 companies and temporarily suspends inspections, administrative penalties, and fines arising from the monitoring of such risks under the Risk Management Program (PGR).
For the affected companies, the most significant immediate effect is the reduced risk of administrative penalties related to NR-1 requirements. However, as the ruling was issued in the form of a preliminary injunction, its effects are temporary and may be reviewed during the course of the proceedings, making it essential to monitor future judicial developments.
The decision does not suspend the effectiveness of NR-1, nor does it relieve organizations of their obligation to identify, assess, and manage factors such as excessive workload, harassment, and undue pressure. Companies should therefore continue their compliance efforts, particularly with regard to the inclusion of psychosocial risks in the PGR and the review, formalization, and documentation of workplace mental health and work organization practices.
Vaz de Almeida Advogados closely monitors developments related to NR-1, assessing their implications and contributing to the structuring of business practices aligned with occupational health and safety requirements.
Translation Disclaimer
This document was originally drafted in Portuguese and subsequently translated into English using artificial intelligence (AI).
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