Responsabilidade civil do tomador de serviço em decorrência da terceirização.

Abstract

The present study aims to examine in depth a current widespread phenomenon, although, at the same time, still in need of specific regulation by the legislator, denominated outsourcing of work contracts, as in face of the growing competitiveness in the economic market, the adaptation of the Brazilian legal system is necessary, in order to better protect the rights of the outsourced worker. The objective is to analyze the responsibility of the borrower of service resulting from outsourcing, in the Brazilian law, its juridical effects and the importance of its regulation in our judicial system. Using for this purpose, the deductive method and the indirect documentation, with the utilization of documental and bibliographical research, as a research technique. The work begins taking as a start point, the analysis of the fundamental elements of the Civil Responsibility institute and general notions on the Outsourcing. And after this, the development of the theme is highlighted in the legislation and jurisprudence, besides it is also studied the doctrinal positioning and the decisions of the Regional Labor Court of the 13th Region, of Paraíba, about the theme, culminating with the precedent 331 of the TST, which is the instrument which defines the general lines of outsourcing in our country, and which erroneously attributes, subsidiary responsibility to the borrower of service in detriment of outsourced employee.