THE PEJOTIZATION AND PRECARIOUSNESS OF WORK DUE TO THE VIOLATION OF THE INTEGRAL PROTECTION OF THE WORKER IN THE LIGHT OF LAW 13.467/17 FROM THE PERSPECTIVE OF LABOR LAW IN BRAZIL

Abstract

This work deals with the negative effects of pejotização generated on workers, notably the precariousness of their rights due to the practice of this fraudulent act, whose increase in numbers was due to the Labor Reform (Law nº 13.467/2017) and the greater feasibility of outsourcing hypotheses. The general objective is to verify how pejotização can cause the violation of labor rights due to the advent of Law 13.467/17, in light of worker protection and the unavailability of worker rights. It was found that outsourcing occurs through the hiring of a legal entity by a service provider to carry out the company's activities, whether they are middle activities or core activities. Pejotization was born as the mechanism for suppressing the payment of labor rights used by companies when hiring, through the creation of a legal entity. It was noted that the jurisprudence of the Superior Labor Court (TST) makes a detailed case-by-case analysis of the hypothesis of verification of illicit pejotização, and, in case of recognition, it renders the signed contract null and void and declares the existence of an employment relationship. It was observed that pejotização offends principles such as worker protection, as well as the unavailability or inalienability of labor rights, as it renders such premises ineffective. The methodology of exploratory bibliographic and documentary legal research and the qualitative data analysis technique were used. The theoretical approach method was deductive. The study allowed us to conclude that the worker is vulnerable to the precariousness of labor rights due to the practice of pejotização, in light of the principle of protection and inalienability of rights.