CAVALCANTI, R. M. L.; http://lattes.cnpq.br/2889424725283938; CAVALCANTI, Raimundo Medeiros de Lucena.
Résumé:
The present study aims to examine in depth a current widespread phenomenon,
although, at the same time, still in need of specific regulation by the legislator,
denominated outsourcing of work contracts, as in face of the growing competitiveness
in the economic market, the adaptation of the Brazilian legal system is necessary, in
order to better protect the rights of the outsourced worker. The objective is to analyze
the responsibility of the borrower of service resulting from outsourcing, in the Brazilian
law, its juridical effects and the importance of its regulation in our judicial system. Using
for this purpose, the deductive method and the indirect documentation, with the
utilization of documental and bibliographical research, as a research technique. The
work begins taking as a start point, the analysis of the fundamental elements of the
Civil Responsibility institute and general notions on the Outsourcing. And after this, the
development of the theme is highlighted in the legislation and jurisprudence, besides
it is also studied the doctrinal positioning and the decisions of the Regional Labor Court
of the 13th Region, of Paraíba, about the theme, culminating with the precedent 331 of
the TST, which is the instrument which defines the general lines of outsourcing in our
country, and which erroneously attributes, subsidiary responsibility to the borrower of
service in detriment of outsourced employee.
