MORAIS, F. A.; MORAIS, Felipe Araújo de.
Résumé:
This paper deals with the liability of Public Administration in outsourcing. Outsourcing
is a phenomenon that is growing worldwide due to globalization and the resulting
changes in the business organization means, mainly in the production of goods and
services, due to the increase in competitiveness between companies, causing great
impacts on relations job. In this relationship, they are involved worker figures, a service
company and a company or public administration borrowing services. It analyzes the
first institute of outsourcing by consideration of its historical origin, concept, legal
nature and brief presentation of the benefits and disadvantages on the employment
relationship. Then it talks about outsourcing in Public Administration presenting its
possible chances, the possibility to occur quarteirização, the legal consequences of
illegal outsourcing and exposure of the current Draft Law No. 4330/2004 which aims
to regulate outsourcing in Brazil. The aim is to deepen the study and accountability of
public administration in outsourcing, consisting of its importance on the minimum labor
rights, as they are fundamental rights of the second dimension and therefore do not
admit disrespect, both by the state and by private individuals, thus ensuring , the
preservation of human dignity worker and combating job insecurity. In this work, we
used the deductive method and the bibliographical research carried out in books, laws,
jurisprudence and on the Internet, with a qualitative approach in books, laws,
jurisprudence and on the Internet, with a qualitative approach. Forward, exposes the
dichotomy of the responsibility of the Public Administration in outsourcing in case of
default by the company providing services to social security and labor costs, thus
causing the need for legal regulation for the institute, not simply to resolve conflicts
Precedent No. 331 of the Superior Labor Court, which regulates outsourcing in
general.
