A responsabilidade da administração pública na terceirização de serviços

Abstract

This study aims to analyze the details of the responsibility of the state in outsourcing services, especially about the fulfillment of the labor obligations of companies, which provide services, in relation to their employees, when they have their workforce outsourced to the public entity. Initially, it sets up a panorama on the labor outsourcing, analyzing normative and jurisprudential rules that exist in Brazilian Law on the subject. Subsequently, it analyzes the specific legislation and case law regarding the practice of outsourcing in the context of public administration, such as the principal precedent of the Tribunal Superior do Trabalho (TST), Súmula n. 331, and the ADC n. 16/DF, judged by the Supremo Tribunal Federal (STF). It studies how the decisions of these courts influenced the current regulation of the subject. Finally, it analyzes the viable prospects for the performance of the public entity in order to avoid the repetition of negligent ducts of companies that provide services with their employees, looking for, primarily, the protection of the outsourced worker and the satisfaction of his labor rights.