On August 4, Law 14,647/2023 was published, amending the Consolidation of Labor Laws (CLT) to establish a legal presumption of the absence of an employment relationship between religious entities of any denomination or nature and ministers of religious confession, members of institutes of consecrated life, of congregations or religious orders, or any others who are similarly situated, even if they are partially or fully dedicated to activities related to the administration of the entity or institution to which they are affiliated. The law came into effect on the date of its publication.
Due to legal uncertainty and divergent decisions in labor courts, the New Law adds paragraph 2 to Article 442 of the CLT to de-characterize the existence of a work relationship between religious institutions and their priests or equivalents. This considers the nature of the relationship between them, which arises from faith, belief, or religious conscience. Exceptionally, if the distortion of the religious and voluntary purpose is proven, the provisions of paragraph 2 do not apply, and an employment relationship between the parties is thereby established.