Reflexões acerca dos direitos fundamentais em face do PL nº 4.330/2004

Abstract

This paper aims to make a correlation of fundamental rights and the restrictive role of the legislature to make laws that contradicts these fundamental rights as enshrined in the Constitution. Rights obtained that guarantee the dignity of the human person and that the parliamentarian himself, overshadowing his performance as representative of the Brazilian people, legislates against the precepts defended and already grounded in Brazilian law, leading to a setback all the historical process and achievements social and labor rights. It was premised on the objective reflection of bill PL 4330 - a standard that is presumed to regulate the right of outsourced workers - which in reality withdraws Brazilian workers' fundamental social rights by regulating the outsourcing of essential services, including public companies and mixed-capital companies, precarious not only the conditions of work, but also their protection through the unions and the constitutional obligation of public tender.