Outsourcing of labor relations: Analysis of the votes of the STF in ADPF No. 324 and RE No. 958.252 in favor of the social values of work as limits to free initiative

Abstract

The object of this study is the analysis of the judgment of the STF on the actions ADPF nº 324 and RE nº 58.25 in which the constitutionality of the outsourcing of labor relations was discussed. The general objective of this study is to analyze the line of thought used by the STF in the judgment in question. The specific objectives are to survey the legal historical context of the world of work, to analyze the votes of the Ministers in the judgments of RE No. 958.252 and ADPF No. 324 and, finally, to establish a critical analysis of the understanding that prevailed in the judgment of the outsourced work relationships. The research problem is: What was the prevailing understanding of the STF Ministers when they judged the illegality of outsourcing in the core activity to be unconstitutional? The present research concluded that the result of the trial on screen followed a neoliberal line, understanding that such a decision, at least in its argumentative line, allegedly will have an impact on the economy, in order to combat unemployment, according to the new world. technological development, as well as fostering competitiveness, although it may receive serious criticism, since the Federal Constitution prescribes the valorization of human work. At first, the article makes a brief historical, legal and sociological recapitulation of the outsourcing of services. Subsequently, the study seeks to describe the acts that occurred in the STF sessions. Finally, the jurisprudence generated with a look at the fundamental rights of the worker is briefly analyzed, opposing speeches and votes in the opposite direction. The present study adopted the deductive method, provided by the technique of bibliographic and documental research.