Pejotização e competência da justiça do trabalho: uma análise do tema 1389 da repercussão geral do STF

Abstract

This research aims to analyze the practice of "pejotização" (the practice of forcing employees to become independent contractors) and the jurisdiction of the Labor Courts, based on an examination of Topic 1389 of the general repercussion of the Supreme Federal Court. We seek to understand how the thesis to be established by the STF (Supreme Federal Court) can redefine the practical contours of this debate, especially regarding the limits between legitimate civil contracting and fraud, with direct effects on worker protection, social security, and tax collection. The study is established around specific objectives that involve: examining the concept of "pejotização" and its elements in the contemporary context; discussing the constitutional limits of civil contracts, considering the tension between free initiative and the social value of work; and analyzing the scope of Topic 1389, paying attention to the jurisdiction to judge allegations of fraud and the definition of the burden of proof, as well as the possible impacts arising from this guidance. The methodology used is qualitative, bibliographic, and documentary, focusing on the analysis of doctrine, legislation, and recent jurisprudence. This research also seeks to evaluate the impacts of "pejotização" (the practice of forcing employees to become independent contractors) beyond the individual case, considering that, when imposed as a working condition, it can transfer risks and costs to the worker, weaken traditional protections, and produce significant effects on the financial situation of the social security system.