Terceirização na administração pública: responsabilidade do ente público e desjudicialização: uma proposta para a concretização de direitos fundamentais dos trabalhadores previstos na Constituição Federal

Abstract

Brazil is facing a profound transformation in the forms of work organization, which is largely due to the change in the national production structure. Meanwhile, this restructuring results in outsourcing and encourages a flexibilization of labor relations, which mainly serves the interests of the market and companies in search of fluidity and greater productivity at the lowest possible cost. In this context, the following study analyzes the subject of the Public Administration's liability for labor charges not met by the company contracted to outsource services, its sociological and legal context. It also proposes a critical reflection on the model of the national production structure and its impacts on today's society, especially on the working class. To introduce the topic, the thesis presents a historical overview of the development of labor law in Brazil and the emergence of outsourcing in the legal order. Focusing on the respect for the primacy of labor and human dignity, supreme values set out in the Federal Constitution of 1988, this study presents a new model of judicial and extrajudicial action for the Public Sector regarding outsourced employment relationships, aiming to serve the primary public interest in the fulfillment of workers' fundamental rights. In this regard, the thesis examines in detail the jurisprudence of the Superior Courts concerning the object of study and demonstrates the existence of a structural and complex problem that has been worsening over time. The data for the investigation was collected through quantitative and qualitative research by analyzing cases referred to the Attorney General’s Office (AGU) by the Superior Labor Court (TST) as a result of interinstitutional cooperation between these bodies. The research leads to the conclusion that the Government can and should make use of numerous mechanisms, including inter-institutional cooperation, binding legal opinions, and consensual judicial and extrajudicial conflict resolution methods, to efficiently avoid litigation, which is detrimental to the Brazilian society, to democracy and endangers the proper functioning of the justice system.