A mão de obra terceirizada e a proteção jurídica ao trabalhador

Abstract

The objective of this research is to study about the usage of outsourcing labour, analyzing, with support in the principle of the worker protection, the evolution of this institute. For the reason of complexity of the subject, the law and jurisprudence still do not permit a definitively orientation. Also, there is a lack between the economical power and the strength of the worker, so not been enough to guarantee their fundamental rights in front of the flexibleness of the law resulting from outsourcing. Besides, the limits between legal and illegal outsourcing is thin, despite the proposition number 331 from TST. Belong to the contractor company to control the action of the contracted company in the execution of the contract and in the payment of workers, under penalty of becoming responsible. At least, is proposed the creation of specific laws about the theme, also an active performance from the public sector, to whom belongs the duty to assure the fundamental rights of the workers, to avoid the precariousness of the labor conditions.