Representação comercial autônoma: mecanismo de afronta a legislação trabalhista pelos empresários.

Abstract

Whoever it was used the commercial agency agreement to forge an autonomous legal relationship that would actually be a contract of employment in the role of outside salesman, affront the constitutional principles of human dignity and social rights, specifically the right to work . In the present study has as objective to distinguish the nature of contracts, from the laws, evaluating the area under the Enterprise Law, but labor law by promoting understanding of the factual and legal matters that will lead to understanding that the contract was actually signed. Thus, Usage is the comparative method to evaluate the rights emanating from the labor supply, and the deductive method for general analysis of the employment contract fraud by a business; The research technique is the bibliographic and legal-exegetical method will bring presentation of law and the Justices of the Courts homelands, who disapprove of fraudulent practice sometimes mentioned. This work was divided into three chapters, the first chapter is a general approach on the general theory of business contracts, presenting the concept and characteristics peculiar to the contract business, its principles and the legal informants.In the second chapter is set out the contract sales representation business, with its peculiarities contractual parties, the same obligations, and legal treatment given by Law No. 4886/65, by the third chapter will be unveiled the bond that separates the business of contract commercial representation of employment in the role of outside salesman. As a result, it emerges that the dealer agreements can in no way be compared to an employment contract in the role of outside salesman, due to lack of representation in contract commercial element subordination.