Ordinance No. 1,129 of the Ministry of Labor and Employment (MTE) has caused real upheaval. On the one hand, the new rules have received praise, since they have abandoned inaccurate definitions from the previous rules, conferring on market players greater legal certainty and on companies, the possibility of properly defending themselves in investigations. On the other hand, legal irregularities and political opportunism are raised, for which reason the Federal Public Prosecutor's Office (MPF) and the Public Prosecutor's Office for Labor Affairs (MPT) have recommended revocation of the Ordinance.

These are also the arguments underlying the Allegation of Non-compliance with a Fundamental Precept (ADPF) filed by the party named Rede Sustentabilidade and the Direct Suit of Unconstitutionality (ADI) brought by the Democratic Labor Party (PDT), both of which shall have their opinion drafted by Justice Rosa Weber, of the Federal Supreme Court.

On October 24, Weber granted the petition for a preliminary injunction in the ADPF, ordered full suspension of Ordinance No. 1,129, requested information from the Minister of Labor and Employment, and subpoenaed the Attorney General's Office and the Solicitor General's Office to express their opinions. The decision is subject to a referendum by the Plenary Session of the Federal Supreme Court, but already produces erga omnes binding effects, that is to say, all courts and people must observe its terms, even if they are not parties to the ADPT.

Another effect of the preliminary injunction is the revival of the articles of Interministerial Ordinance No. 4, of May of 2016, which had been revoked by Ordinance No. 1,129. Among them are those that establish a) the jurisdiction of the Department of Labor Inspection (SIT) to include the name of employers in the "dirty list" of slave labor; b) the list of minimum obligations that must be included in consent decrees (TAC) signed with the MTE; c) obligatory notice to the MPT to allow its participation in the execution of TACs; d) the rule that even if a TAC is signed, the employer is registered in the "dirty list", although for a shorter period than those that do not sign the consent decree; and e) updating the "dirty list" at any time.

With the suspension of Ordinance No. 1,129: a) the definitions of slave labor for the purposes of inclusion in the "dirty list" are those provided for in Normative Instruction No. 91 of SIT; b) it is no longer necessary that inspection by labor tax auditors have the police authority present, who will file a Police Report; and c) notices of infraction need not necessarily contain photographs that show each irregular situation found; copies of all documents that demonstrate and prove forced labor, exhaustive working hours, degrading conditions or work in conditions analogous to slavery, nor a detailed description of the situation found, with a mandatory approach to the existence of armed security other than for the protection of the property, impediment to workers’ movement, servitude by debt, and the existence of forced or involuntary labor by the worker. All these innovations had been brought in by the suspended ordinance.

Following Justice Weber's decision to suspend the Ordinance, SIT released the latest "dirty list" of slave labor on the MTE’s website on October 27. The inclusion of an employer in this list may imply damage to its image, restriction on obtaining financing from financial institutions, breach of contracts with commercial partners whose compliance rules prevent them from maintaining relationships with listed companies, and devaluation of the company’s shares, among other adverse impacts on operations and business.