Da admissibilidade de indenização em favor do estagiário por fraude contratual praticada pela administração pública: análise legal, doutrinária e jurisprudencial.

Abstract

Education, a right of all, must be promoted with a view to the full development of the citizen. In this sense, the professional internship acts as a bridge between formal education and learning in the practical field of a given area of knowledge. Thus, the objective of this monograph was to evaluate the partial normative omission in Law 11.788/2008, with regard to the possibility of deviating from the purpose of non-compulsory paid internship in the Public Service. Therefore, the development of the present study followed the hypothetical-deductive method, applied to the bibliographic research of doctrinal, legislative and related jurisprudential production. Throughout the work, aspects relevant to the Internship were examined, the particularities that the distortion of their bond assumes when promoted by the Public Administration and the current solutions used to resolve this impasse. The legal relevance of the subject is characterized by the fact that the State is immune from the liability provided for in the Internship Law if it falls into this type of irregularity, as a result of its legal regime of public law and the absence of regulation attentive to this particularity. The use of the prospective overruling technique, used to update jurisprudential positions that distance themselves from constitutional objectives, associated with the Writ of Injunction, can be a reasonable alternative to make possible the pecuniary compensation for fraud of the internship contract in the Public Administration.