Judicialização das práticas trabalhistas: a questão da pejotização na jurisprudência do TRT–1

• Autor(a) principal: Asensi, Felipe Dutra
• Data de Publicação: 2019
• Outros Autores: Gonçalves, Isabela Pfister
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista da Faculdade de Direito UFPR (Online)
• Texto Completo: https://revistas.ufpr.br/direito/article/view/64979
• topic: Direito; Sociologia; Pejotização. Decisões judiciais. Reforma trabalhista.; Pejotization. Judicial decisions. Labor reform.

Pejotization refers to an independent-contractor-only policy in which the employee needs to constitute a legal entity (Pessoa Jurídica, or PJ, hence the name) in order for its hiring to take place. As a result, the employee is meant to provide services, not work, which results to the employer in the non-obligation of the payment of all labor rights that would be present if the hiring had occurred through the recognition of the normal employment relationship. This research studies pejotization in labor law through the analysis of 402 decisions taken by the Regional Labor Court of the 1st Region (TRT–1) between 2010 and 2017, collected in the database of this court, as well as the arguments that mobilized the judges in shaping their decisions. Pejotization has been the subject of a lot of judicial demand since the employee, at the end of the execution of the services, seeks the jurisdictional provision in the claim to see the normal employment bond recognized, so as to receive the values referring to the labor rights then abolished. The results indicate that pejotization, even after the labor reform, continues to be judged by the TRT–1 as a fraud to the employment relationship, since the imposition of the constitution of a PJ as an essential requirement for contracting aims to avoid the payment, by the employer, of social and labor charges related to the employee.