Terceirização e trabalho decente: impasses do Direito no mundo do trabalho

Abstract

The main focus of this research concerns to the labor outsourcing in relation to conflicting aspects of the law itself, which at the same time that gives rise to the legal protection to the worker, also favors loss of rights and of constitutional guarantees. To a better understand of these aspects, we have adopted as the scientific method the Historical Materialism, through the theoretical and practical experience of Soviet jurists Stutchka and Pachukanis, in order to think about the role of the legal form in maintaining the shape of the capitalist state, using the theories of derivation and regulation. The analysis of the outsourcing phenomenon entered in the issue of Law related to the indicators of the ILO Decent Work, and to the data collected in the literature of this research as well. The results revealed that the Decent Work indicators are not observed in the outsourced work, and his impending regulations - with the approval of the PL 4330/2004 (PLC 30/2015; PLS 300/2015) - legitimizes the precariousness of labor