O fenômeno da pejotização: um estudo à luz da legislação trabalhista brasileira

Abstract

This study aims to analyze the phenomenon of “pejotização”, which is the act of forcing individuals to form a legal entity in order to disguise an employment relationship. The research is justified by the need to investigate certain behaviors that constitute infringement to labor social legislation, the time when we seek to identify the consequences that entails the practice of “pejotização”. To this end the analysis of Fundamental Rights was held, highlighting its classification and the effectiveness of its rules; as well as the conceptual differentiation between labor institutes of the employment relationship has been addressed, as a genre, with the employment relationship, as a species. Thus, we analyze the nuances of the “pejotização” phenomenon and its implications in the context of employment relationships, addressing the issue of labor flexibility and deregulation as well, highlighting the role of the Ministry of Labor and the Ministry of Labor and Employment to combat the practice of “pejotização”, and the positioning of the labor courts in relation to practice, and its role as protector of the rights of employees. This is a descriptive research because seek to describe the facts and phenomena of reality around the studied phenomenon, namely the “pejotização”, raising its origin, rationale and impact the practice has on workers' rights. For this work, was made use of documentary research technique to research in doctrines, scientific journals and also in the case law of the Brazilian courts, in order to make a proper analysis of this practice. It is concluded that the problems caused by the practice of “pejotização” are disproportionately greater than the alleged benefits. Therefore, this practice must be rejected, in order to ensure the implementation of fundamental rights and the rights listed throughout the Brazilian legal system.