Responsibility of the public administration in the outsourcing of services: analysis on the burden of proof

• Autor(a) principal: Perez, Daisy Doro
• Data de Publicação: 2019
• Outros Autores: Oliveira, Lourival José de
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Jurídica Cesumar - Mestrado (Online)
• DOI: 10.17765/2176-9184.2019v19n2p587-613
• Texto Completo: https://periodicos.unicesumar.edu.br/index.php/revjuridica/article/view/7023
• topic: Burden of Proof; Outsourcing; Public Administration; Subsidiary Responsibility.; Administración Pública; Carga de la Prueba; Responsabilidad Subsidiaria; Tercerización.; Administração pública; Ônus da prova; Responsabilidade subsidiária; Terceirização.

The objective of this article is the analysis of the subsidiary responsibility of the public administration for the default of the labor obligations in cases of outsourcing of services and the question of the burden of proof of their fault. The study is justified after the decision of the STF in Extraordinary Appeal No. 760.931-DF and aims to investigate who is responsible for the burden of proof in this case, the possible damages to workers and the risks of violation of constitutional principles, resulting from unrestrained outsourcing. In the course of the study, it was found that: subsidiary liability still exists, provided the management’s fault is proven, and the STF has not definitively positioned itself on the burden of proof; it is difficult for the worker to produce said proof, justifying the reversal of the burden of proof in his favor; there is a possibility of violation of the principles of public administration and additional risk of the precariousness of the workers’ condition. The deductive method was adopted, with jurisprudential, legislative and doctrinal researches.