A administração pública e a súmula 331 do TST

• Autor(a) principal: Carrega, Nilce
• Data de Publicação: 2010
• 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/31056
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO DO TRABALHO; Terceirização; Tomador de serviços; Prestador de serviços; Administração pública; Responsabilidade subsidiária; Outsourcing; Borrower of service; Lender of service; Public administration; Subsidiary responsability

The present study is to analyze the consequences of the phenomenon of outsourcing, especially in relation to contracts for services entered into with the Public Administration. Considered by the Government as appropriate administrative technique to release the Public Administration of the execution of ancillary activities to keep the focus on strategic objectives, outsourcing was seen as a major cause of the widespread failure of basic workers' rights. This trail, the Superior Labor Court issued Pronouncement 331, establishing a subsidiary liability of the borrower of service by labor rights of employees of contractors, including the case where the Government, in spite of a legal otherwise, contained in § 1 of art. 71 of Law No. 8666/93. For the Government, it appears that even with the legal criteria to fulfill their contracts, has been blamed for huge amount of labor liabilities left by companies providing the service, leaving the execution of government contracts awarded following were the winners in bidding procedures, literally leaving the account to the Treasury. The Labor Court, sometimes, argued that no question of the illegality of the legal relationship between the borrower of service and lender of service, if no irregularity was observed. It intends to really bolster the worker, whose workforce has also benefited from the policy service, which could make use of action back in the face of the service provider. Despite the understanding emulates the TST, the question is not pacified, not least because, until now, there is no law governing outsourcing. Admittedly, while there is no legal remedy, we must find an alternative to harmonize the principle of strict legality, which the Administration is fully linked to the principles of protective labor law. Making use of one of the principles governing public administration, called the principle of reasonableness and proportionality, we believe that the judiciary must examine each case to avoid the deduction by the occurrence of fraud. The public administration must adapt to reality and improve, within its limits, how to monitor contracts for services entered into, including in relation to employment of employees of companies providing service to protect the public interest