Novos parâmetros acerca da terceirização e responsabilidade subsidiária na administração pública.

Abstract

This research focuses on the study of outsourcing in the public administration, initially addressing its historical context as well as mutations that suffered until the present day. The study is also consistent with the regulations governing such institute, reporting its emergence, evolution and effectiveness. His basic focus was the understanding of doctrine and jurisprudence on the subject, analyzing the concept, scope, limitations, characteristics, effects, and especially secondary liability, the consequences brought by the Institute of Public Administration and the Labor Law. Thus, the objectives of this work is to study the outsourcing institute, involving its historical development, concept, features, purpose and responsibility; investigate the use of outsourcing at the state, as well as the advantages and disadvantages of their use, consideration of the responsibility Public Administration and its labor obligations, based on 331 Summary of the TST; demonstrate the conflict of laws, ADC # 16 and new wording of Statement 331. For this purpose, the methodology sought support in deductive methods, historical and comparative legal-exegetical, through literature search based on national doctrine and jurisprudence in the positioning of the Brazilian courts, as well as in scientific papers in the area.