Terceirização na administração pública e as alterações trazidas pelo decreto 9.507/2018

• Autor(a) principal: Rodrigues, Ana Luiza
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/26597
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO ADMINISTRATIVO; Terceirização; Administração pública; Serviço público; Decreto nº 9.507/2018; Precarização do trabalho; Outsourcing; Public administration; Civil service; Decree No. 9.507/2018; Precariousness of work

This paper aims to present the new contours brought to the outsourcing institute, giving the overview of the new legislation applicable to private initiative, notably the Labor Reform, which both changed the subject, as well as the recent decision of the Supreme Court, signing important understandings as to the possibility of outsourcing, privately, any activity of the company, either ancillary (middle) or linked to the main activity (end), in compliance with the constitutionally provided principles of free enterprise and free competition. As for the implementation of outsourcing in the Public Administration, we analyzed what had been foreseen in the legislation regarding the constitutional commandments that outline public services, as well as what was doctrinally understood as to whether the outsourcing was appropriate or not. public activities performed by the entities within their competences brought in the Magna Carta. In this sense, at the federal level, the advent of Decree No. 9.507 / 2018 brought about several changes in the way indirect and direct execution of services by the Federal Public Administration was contracted, including public companies and joint-stock companies, belonging to the Federal Government. Union - the latter with even more flexible margins within the Institute. In addition to the said Decree, the text of the Normative Instruction of the Ministry of Planning, Development and Management No 5/2017 of very important analysis. Still, we discuss controversial aspects of the text of the new Decree in view of the possible configuration of unconstitutionality of its text. Also, given the current conjuncture of the legal forecasts on the subject, we address aspects of the precariousness of work when outsourced and the incompatibility of the model with public activities, in accordance with Decree No. 9.507 / 2018