A possibilidade de coexistência do artigo 71, § 1º, da lei de licitações e da Súmula 331, inciso v, do TST

Abstract

The scope of this work is the analysis of outsourcing as an economic phenomenon and its implications for harvest labor. It analyzes the issue of secondary liability of Public Administration in the event of default of obligations by outsourced company, and the impact of the declaratory action of constitutionality n. 16 and the review of Precedent 331 of the TST in doctrine and jurisprudence. Are also addressed the privileges garanted to public entities regarding the lawful outsourcing. In this context, we seek to demonstrate, through the analysis of process data from the Juiz de Fora’s Class of Appeals relating subsidiary liability of the public entity that, in practice, there is still disagreement, proposing, finally, a solution for this issue.