OUTSOURCING OF LABOR IN BRAZIL: THE POSITION OF THE HIGHER COURTS AND THE CONSTRUCTION OF JURISPRUDENTIAL UNDERSTANDING

Abstract

This scientific paper aims to analyze how the Superior Labor Court (TST) and the Federal Supreme Court (STF) have constructed their jurisprudential understanding regarding the phenomenon of outsourcing in labor relations in Brazil. To achieve this objective, a systematic literature review was conducted using academically relevant scientific articles, alongside specialized labor and/or constitutional legal doctrine. In addition, a documentary analysis was carried out on the most significant judicial decisions from the higher courts on the subject, especially TST's Súmula 331, as well as STF's ADPF 324 and RE 958.252. The study concludes that the two higher courts do not fully align in their jurisprudential approaches: the TST tends to adopt a more protective stance toward labor relations in the face of labor precarization, whereas the STF embraces a more flexible interpretation of labor ties, allowing for broader outsourcing possibilities.