Reforma trabalhista e direito ao trabalho: precarização e a (in)constitucionalidade da lei da terceirização

Abstract

This research analyzes the compatibility, with the Brazil’s Federal Constitution of 1988, of the legislative changes inserted in the federal law nº 6.019/1974, that allowed the unrestricted outsourcing in Brazil, including the final activities. In order to do that, was made an analysis of the constitutional principles of labor protection in the present Federal Constitution, understanding labor as a social value. Also, was made a historical synthesis of the neoliberal movement, which inserted the labor flexibilization on the center of capitalism, spreading outsourcing worldwide, to evaluate how does this institute make the labor relations precarious, confronting several constitutional rights. Still, seeks to discuss the laws 13.429/2017 and 13.467/2017. In the end, the research analyzes the legitimacy of the Supreme Court’s decision on ADPF 324 and RE 958252, which said outsourcing the final activity is legal, invalidating the 331 statement of Superior Labor Court. Thus, using the hypothetical-deductive method, and through direct documentary research, the research seeks to demonstrate the unconstitutionality of the unrestricted outsourcing, analyzing how this institute affront social constitutional rights, creating a public policy of social devaluation of work that was validated by Brazil’s Supreme Court.