A dicotomia na responsabilidade da administração pública na terceirização acerca dos encargos previdenciários e trabalhistas.

Abstract

This paper deals with the liability of Public Administration in outsourcing. Outsourcing is a phenomenon that is growing worldwide due to globalization and the resulting changes in the business organization means, mainly in the production of goods and services, due to the increase in competitiveness between companies, causing great impacts on relations job. In this relationship, they are involved worker figures, a service company and a company or public administration borrowing services. It analyzes the first institute of outsourcing by consideration of its historical origin, concept, legal nature and brief presentation of the benefits and disadvantages on the employment relationship. Then it talks about outsourcing in Public Administration presenting its possible chances, the possibility to occur quarteirização, the legal consequences of illegal outsourcing and exposure of the current Draft Law No. 4330/2004 which aims to regulate outsourcing in Brazil. The aim is to deepen the study and accountability of public administration in outsourcing, consisting of its importance on the minimum labor rights, as they are fundamental rights of the second dimension and therefore do not admit disrespect, both by the state and by private individuals, thus ensuring , the preservation of human dignity worker and combating job insecurity. In this work, we used the deductive method and the bibliographical research carried out in books, laws, jurisprudence and on the Internet, with a qualitative approach in books, laws, jurisprudence and on the Internet, with a qualitative approach. Forward, exposes the dichotomy of the responsibility of the Public Administration in outsourcing in case of default by the company providing services to social security and labor costs, thus causing the need for legal regulation for the institute, not simply to resolve conflicts Precedent No. 331 of the Superior Labor Court, which regulates outsourcing in general.