CARVALHO, I. Q.; http://lattes.cnpq.br/1262660342332143; CARVALHO, Islânia Queiroga de.
Abstract:
The present work has per scope analyze the institution of outsourcing in the public
service and the responsibility that to it will fall upon the default of payroll amounts by
the service provider. How anomalous contract that is, outsourcing presents
innumerable peculiarities, especially when one of the poles of the trilateral
relationship is present the State, generating various doctrinal and jurisprudential
understandings possible, this situation is exacerbated by the lack of discipline of the
institute by specific law. From this perspective, the research deepens into the study
of responsibility of public administration while borrowing firm service. The study starts
with general considerations on the institution of outsourcing, passing through the civil
liability and labor and by examining the possibility of formation of employment link
with the Public Power, and finally culminates in a detailed analysis of Precedent 331
of the Superior Labor Court device that currently governs outsourcing in the private
sector and the public, and other rules that deal with the institute, in order to
harmonize them to a fairer application in individual cases. Subsidiarity that falls on
the state aims to, more than anything, worker protection, in order to safeguard their
monies covered for alimony, indispensable to their survival. To decrease the
incidence of conflicts of this nature, public administration should appreciate by a
careful observation of labor standards, seeking a licit contract with a competent
company as a form of prevention, and encourage a policy of strict enforcement
activities. The lack of service rendered back for the labor expended characterizes
affront to various basic principles of Brazilian law and reaches blatantly constitutional
and labor standards. The technique of research will be conducted through indirect
documentation, through data collection, for literature searches, documentary analysis
of law, jurisprudence, articles, among others, using the methods of historical
procedure, comparative and exegetic juridical.