NASCIMENTO, A. F.; http://lattes.cnpq.br/3595235285884302; NASCIMENTO, Armando Fernandes do.
Résumé:
This monographic work was built around the juslaboral phenomenon called pejotization
– which consists in the engagement of workers through legal entities created by them
for the provision of certain services - in employment relations with intellectual workers.
It was emphasized the intuition of covering up this kind of employment relationship, by
the practice of pejotization, making it, formally, a services’ provision relationship,
becoming a notorious fraud to the usual application of the laboral law. In the aim of
making it possible, a briefly analysis of the application of Employment Law was
perpetrated, considering them as second dimension fundamental rights, in other
words, social rights; as well as it was treated the conceptual differentiation between
the juslaboral institutes of labor relationship and employment relationship, presenting
them as gender and species, respectively. Besides, we examined the reasons and
implications of the pejotization phenomenon over the intellectual employment
relationships, giving much emphasis on the casualization that results from them, and
presenting the opinions from the Laboral Justice System about it, and its operation as
a protector of the employees’ rights.