O fenômeno jus laboral da pejotização enquanto forma de precarização das relações de emprego intelectual.

Abstract

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.