IMPACTS OF PEJOTIZATION ON EMPLOYMENT RELATIONSHIPS: A LEGAL ANALYSIS

Authors

  • Eduarda de Assunção Reis Centro Universitário Santo Agostinho – UNIFSA
  • Armanda Maria Vaz Neta Centro Universitário Santo Agostinho – UNIFSA
  • Rochele Juliane Lima Firmeza Bernardes Centro Universitário Santo Asgotinho – UNIFSA

DOI:

https://doi.org/10.51891/rease.v9i10.12426

Keywords:

Pejotization. Labor Legislation. Employment Relations.

Abstract

Pejotization is characterized by the hiring of workers in the form of legal entities, it has stood out as a controversial practice, raising debates about its legality and social repercussions. Therefore, the present study's main objective is to analyze the impacts of pejotization on employment relations in the Brazilian context, from a legal perspective, seeking to identify legal gaps, the consequences for workers and possible normative alternatives that promote more positive labor relations. fair and equitable. The research methodology was qualitative and bibliographic, since it was constructed through research into articles, theses, dissertations and books. Furthermore, the study examines legal cases that address the recognition of employment relationships, exploring the implications of these decisions for the workers and companies involved. Furthermore, it seeks to understand how pejotization has influenced the legal dynamics of employment relationships, highlighting the challenges and gaps that arise in the current legal system in light of this practice. Given the cases analyzed, it is possible to identify situations in which pejotization is contested, evidencing, in some cases, the existence of fraud in the employment relationship. The work also examines the recent position of the Federal Supreme Court (STF) in relation to outsourcing and pejotization, highlighting the criteria outlined to consider such practices lawful. It is concluded that pejotization, when used as a strategy to make labor rights precarious, demands an effective response from the legal system.

Author Biographies

Eduarda de Assunção Reis, Centro Universitário Santo Agostinho – UNIFSA

Graduanda em Direito no Centro Universitário Santo Agostinho – UNIFSA. 

Armanda Maria Vaz Neta, Centro Universitário Santo Agostinho – UNIFSA

Graduanda em Direto no Centro Universitário Santo Agostinho – UNIFSA. 

Rochele Juliane Lima Firmeza Bernardes, Centro Universitário Santo Asgotinho – UNIFSA

Orientadora, Mestre e professora no Centro Universitário Santo Asgotinho – UNIFSA.

Published

2023-11-29

How to Cite

Reis, E. de A., Vaz Neta, A. M., & Bernardes, R. J. L. F. (2023). IMPACTS OF PEJOTIZATION ON EMPLOYMENT RELATIONSHIPS: A LEGAL ANALYSIS. Revista Ibero-Americana De Humanidades, Ciências E Educação, 9(10), 5950–5966. https://doi.org/10.51891/rease.v9i10.12426