QUEIROGA FILHO, P. S. G.; QUEIROGA FILHO, Paulo Sérgio Gadelha.
Résumé:
Having originated in the United States after the World War II, the outsourcing has
established itself as an important tool to reduce costs and guarantee better efficiency
in service delivery. In the scope of public administration, the implementation of the
outsourcing process requires caution, given that the outsourced labor employment in
the public sector must comply with specific rules, aimed obey the principles
governing of the administrative activity. Because it does not exist in Brazil a specific
law regulating outsourcing in all fields, the Precedent 331 of the Superior Labor Court
is the main legal instrument to regulate this process, establishing that the only
activities that are not part of the core finalistic the borrowing firm services is that can
be delegated to third parties. However, transacts in the House of Representatives Bill
number 4.330 of 2004, which has as one of its goals also allow them to be
outsourced activities-end of the borrowing company services. Because of this, the
said project content has become the subject of many questions about its
constitutionality material. From this perspective, this study aims to analyze the
practice of outsourcing within the public administration, approaching what activities
can be outsourced, analyzing also the constitutionality of a possible outsourcing of
core activities in the public service as will the current wording the Draft Law number
4.330/2004. Therefore, it has as a legal basis the guiding principles of public
administration, the principle of open competition and other legal instruments
governing the outsourcing process. The literature was used as a methodological
source, so that were presented doctrinal, legal and jurisprudential about outsourcing
opportunity in the public service positions, also allowing the analysis of the
constitutionality of Draft Law number 4.330/2004 on the position papers and what
provides for the legislation
