Responsabilidade subsidiária dos tomadores de serviços : maneiras de elidir a aplicação da súmula 331 do TST nos contratos envolvendo os entes públicos.

Abstract

The present work aimed to study the issue of subsidiary liability of service takers in contracts involving the Public Administration, aiming to identify ways to evade the application of TST summary 331, since the major problem in the face of jurisprudential analysis lies in the immediate application of the said summary, on the grounds that the public entity failed to supervise its contracts in the way it should. In this bias, to identify the aforementioned mechanisms, the present research sought to understand the central aspects regarding the outsourcing theme, as well as the evolution of labor law in the world, and later in Brazil, identifying the most important milestones in history, which made what the labor law was applied in employment relationships. Subsequently, it analyzed some types of employment contracts that currently exist, emphasizing the outsourcing contract, conceptualizing the referred mechanism, highlighting its main aspects, as well as its incidence in the scope of Public Law, highlighting the responsibility of the public administration in relation to service contracts services. At the end of this research, in view of the jurisprudential analysis in judgments of the Regional Labor Court of the 4th Region, and of the Superior Labor Court, it was identified that the mechanisms used in the inspection of contracts that were able to elide the application of the subsidiary liability disposed in TST summary 331, were the tools for establishing supervisory commissions, introducing a penalty notice, opening an investigation procedure for irregularities found in the performance of the contract, applying a warning penalty, applying a fine penalty, and collecting documents of workers' contractuality. This monograph adopted the deductive method of research, using bibliographical and jurisprudential sources as a research technique.