A(in)constitucionalidade da terceirizaçãode atividade-fim no âmbito da administração pública: considerações acerca do projeto de lei n 4.330/2004.

Abstract

Having originated in the United States after the World War II, the outsourcing has established itself as an important tool to reduce costs and guarantee better efficiency in service delivery. In the scope of public administration, the implementation of the outsourcing process requires caution, given that the outsourced labor employment in the public sector must comply with specific rules, aimed obey the principles governing of the administrative activity. Because it does not exist in Brazil a specific law regulating outsourcing in all fields, the Precedent 331 of the Superior Labor Court is the main legal instrument to regulate this process, establishing that the only activities that are not part of the core finalistic the borrowing firm services is that can be delegated to third parties. However, transacts in the House of Representatives Bill number 4.330 of 2004, which has as one of its goals also allow them to be outsourced activities-end of the borrowing company services. Because of this, the said project content has become the subject of many questions about its constitutionality material. From this perspective, this study aims to analyze the practice of outsourcing within the public administration, approaching what activities can be outsourced, analyzing also the constitutionality of a possible outsourcing of core activities in the public service as will the current wording the Draft Law number 4.330/2004. Therefore, it has as a legal basis the guiding principles of public administration, the principle of open competition and other legal instruments governing the outsourcing process. The literature was used as a methodological source, so that were presented doctrinal, legal and jurisprudential about outsourcing opportunity in the public service positions, also allowing the analysis of the constitutionality of Draft Law number 4.330/2004 on the position papers and what provides for the legislation