A terceirização nas concessionárias de serviço público: um estudo à luz do princípio da proteção

Abstract

This paper focuses its analysis on the regulatory framework of outsourcing in public utilities. In order to understand the issue, the main aspects of the phenomenon of outsourcing, the public service concession contract and the principle of protection are going to be analyzed. The legal treatment, as well as the doctrinal and jurisprudential positions on the topic, are also going to be presented. Then, the objective is to demonstrate that the Precedent 331 of the Superior Labor Court, the main legislative provision currently in force regarding outsourcing, should be applied to the detriment of art. 25, § 1º, of Law n. 8.987, due to the fact that the former is more favorable to the employee, to promote important values enshrined in the Federal Constitution of 1988, especially the dignity of the worker and the social value of work.