A responsabilidade da administração pública perante os contratos terceirizados.

Abstract

This monograph addresses the existing antagonistic provisions in Article 71, paragraph 1 of Law 8.666 / 93 and the Precedent 331 of the TST regarding the accountability of the State for labor charges stemming from this relationship work triangle that has as its protagonists the legal scenario administration, the hand provider of work and workers. It analyzes the evolution of the worker's right, because despite the outsourcing phenomenon is not new in the history of Brazil, it was only in the 90s that was its intensification and spread. Thus, the problem of this research is devoted to the study of relations between the public administration and directly involved in outsourcing contracts, analyzing the lack of relationship between the state and worker does not violate the fundamental principles expressed in the Constitution of 1988, especially the dignity of the human person. Noteworthy is the favorable and unfavorable currents accountability of public administration front of outsourcing contracts. The aim is to deepen the study of the link between the state entity and direct providers of outsourced services, where the rights of workers must be protected beyond expressing the normative text. Thus, it is necessary to examine the actual legality of art. 71 of the Public Procurement Law to exempt the Public Administration to respond by default before the contracted labor rights of third parties. Seeks, with the research, support the need for observance and protection of the effective state relationship of responsibility to those who directly perform activities - Middle