LABOR JURISPRUDENCE: PEJOTIZATION IN THE LIGHT OF THE FUNDAMENTAL PRINCIPLES OF LABOR LAW

Abstract

Pejotização, a practice in which workers are hired as legal entities instead of formal employees, has been the subject of intense debate in the field of Labor Law. This article proposes an analysis of labor jurisprudence on pejotização, examining it from the perspective of the fundamental principles of Labor Law. The study begins with a contextualization of the phenomenon of pejotização and its impacts on the employment relationship, highlighting the motivations behind this practice and the negative effects on workers' rights and guarantees. Next, the fundamental principles of Labor Law are presented, such as worker protection, the primacy of reality over form, and the dignity of the human person. These principles serve as a theoretical framework for analyzing the jurisprudence related to pejotização. From the review of labor jurisprudence, judicial decisions are identified that recognize the employment relationship in cases of pejotização, applying the principle of the primacy of reality over form. Also noteworthy is the concern of the courts with protecting workers' rights and combating abusive practices, especially those that aim to defraud labor legislation. Finally, the article concludes by highlighting the importance of labor jurisprudence in promoting social justice and guaranteeing labor rights, reaffirming the need to apply the principles of Labor Law to face the challenges posed by pejotization. This study contributes to the understanding of pejotização in the Brazilian legal context, offering insights into jurisprudential trends and the principles that guide the protection of workers' rights in the face of this controversial practice.