A pejotização no Supremo Tribunal Federal: reflexões à luz do trabalho decente

Abstract

This dissertation analyzes the decisions of the Federal Supreme Court (STF) on pejotização, from the perspective of decent work. The objective is to investigate how the STF decisions that endorse pejotization, based on outsourcing, interfere with the promotion of Decent Work in Brazil. The research addresses the STF's position on pejotization, identifying arguments from Ministers and influential legal nuances. It also assesses the influence of these decisions on working conditions and workers' rights, pointing out vulnerabilities and possible violations of minimum labor protection standards. The dissertation clarifies the legal instruments of outsourcing and pejotization, delimiting their characteristics and legal implications. It concludes that, despite the fundamental rights established by the Constitution, infraconstitutional legislation makes labor rights more flexible, creating precariousness. The STF, by legitimizing pejotization as outsourcing, confuses concepts, harming workers and weakening legal protection, compromising the promotion of Decent Work. The research is theoretical and empirical, combining bibliographical review and jurisprudential analysis. On a theoretical level, it reviews doctrines, theories and legal principles on pejotização and outsourcing in Labor Law. Empirically, it examines STF decisions, collecting and analyzing rulings to identify patterns and impacts. The search on the STF website, carried out on December 12, 2023, used keywords such as "pejotização" and "pejotização and outsourcing", resulting in 25 and 24 rulings, respectively. Qualitative analysis interprets jurisprudential and doctrinal data, offering an in-depth and reasoned understanding of the implications of these decisions for Decent Work. The research concludes that the STF tends to validate pejotization via outsourcing, reformulating understandings of the TST and TRTs, but faces criticism about its effectiveness in protecting workers' rights. Analyzing STF decisions, the research reveals arguments and legal foundations, highlighting the need for a specialized Labor Court to correctly distinguish between outsourcing and pejotization, ensuring decent working conditions.