A responsabilização subsidiária da administração pública, enquanto tomadora de serviços, em caso de inadimplência de verbas trabalhistas na relação de terceirização.

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.