Trabalho parassubordinado e as novas relações de trabalho : uma análise a partir do princípio da dignidade da pessoa humana e do valor social do trabalho.

Abstract

The present dissertation aims to study the new forms of work inserted in the labor legal order and parasubordinated work, analyzing the latter in the scope of national and foreign law. To this end, the present work was initially structured, presenting a historical survey of work and the labor relationship, from the most remote periods of slavery and feudalism, to the most moderate conceptions, which give work the importance of fundamental, founded value. on the dignity of the human person and the recognition of their social value. In a second step, it will seek to address, based on the labor reform that resulted in a potential flexibility in labor relations, the new forms of regulated work, especially intermittent work, teleworking and outsourcing of the core activity, presenting in addition legal support, the positive and negative points supported by the doctrine. Therefore, the third part of the dissertation will face the phenomenon of parasubordinated work, presenting its conceptualization and insertion within the scope of the national and foreign legal system. At the end of the study, we intend to verify the hypothesis raised, regarding the flexibilization of labor relations and the existence of a gray zone that transits between autonomy and subordination, debating the central problem of work which is the constitution of parasubordinated work as a new one. fattispecify its consequences for labor law, considering the protective values of the social value of work and the dignity of the human person. The research will seek, through the hypothetical-deductive approach method, to approach work as a fundamental right, new forms of work and parasubordinated work, using the method of historical-critical procedure and using research techniques. bibliographic in nature, from books, legal journals, scientific articles and all indirect documentation related to the object of study. Given the above, this study fits the line of research on Contemporary Constitutionalism of the Graduate Program in Law at the University of Santa Cruz do Sul - UNISC, with an area of concentration on Social Demands and Public Policies, adhering, also, to the line by researcher Dr. Suzéte da Silva Reis, Contemporary Labor Relations, which is why research on this relevant contemporary theme is justified.