‘’PEJOTIZAÇÃO’’ AND THE EFFECTIVENESS OF THE QUOTAS ESTABLISHED IN LAW No. 8213 OF 1991

Abstract

This article sought to analyze the impacts of “pejotização” on the effectiveness of the quota policy for people with disabilities established by Law No. 8213/1991, especially in light of contemporary transformations in labor relations. The research was conducted through a qualitative methodology, based on bibliographical, legislative, and jurisprudential review, focusing on Labor Law and fundamental social rights. The study investigated how the replacement of formal employment relationships with service provision through legal entities affects the implementation of the labor inclusion policy for people with disabilities. The results demonstrated that ‘’pejotização’’, when used fraudulently, contributes to the artificial reduction in the number of formal employees, hindering the inspection and enforcement of legal quotas and weakening the social inclusion mechanisms established by law. It was concluded that the expansion of this phenomenon compromises the social function of the quota policy, encourages the precarization of labor relations, and creates obstacles to the realization of substantive equality and human dignity.