Análise das consequências jurídicas da terceirização ilícita nas empresas estatais no Brasil.

Abstract

This study examines the consequences of outsourcing illegal under the state enterprises in the Brazilian legal system. The issue of this work is revealed in the question whether those are applicable indirect administration bodies all reasonable legal consequences when this illegality is observed privately. The aim is to explain the main theoretical constructs about the subject under review and study what the real consequences outsourcing illegal. The justification of this research is guided in such a paucity of debate in Brazilian law and the need for a formula for reconciling the effective protection of labor rights and protection of the administrative order. To this aim, it adopt the deductive method and technique as a literature search based on doctrine and national courts positions. Regarding the Brazilian doctrine, there is a clash on the issue, and there is a defense of the legal concept of total irresponsibility on the part of state enterprises for a good deal of doctrine, while another portion of the opinion that the labor obligations arising therefrom are very similar to those applicable to a particular company. In turn, you can extract the jurisprudence of the Superior Court Work adherence to the thesis that the workers can not be prejudiced by the fact that the company is state-owned. However, it highlight some aspects that should be considered in applying the legal consequences, establishing some rational and objective parameters. Moreover, there was a relation of exclusion between labor and management principles.