OUTSOURCING AND ITS DYNAMIC REGULATORY PROCESS IN BRAZIL: LIMITS AND POSSIBILITIES

Authors

  • Magda Barros Biavaschi
  • Marilane Oliveira Teixeira Teixeira

Abstract

Outsourcing is a hiring method with high potential to make labor relations precarious, intensifying inequalities and fragmenting workers' organization. In Brazil, differently from other Latin American countries, there is no specific law to regulate it. In such void, the Superior Labor Court, TST, has standardized: in 1986, with the Statement of Precedent 256, which, in practice, inhibited outsourcing; in 1993, amidst a scenario of many pressures, cancelled this understanding replacing it with the Precedent 331. This text, which comprises outsourcing as one of the expressions of contemporary capitalist dynamics, analyzes: the elaboration process of this Precedent 331; some regulatory proposals built within some ministries;  major bills in progress in the Brazilian Parliament; and also proceeds to weigh positions and actions of the main social actors towards the approval or resistance of such proposals, weaving considerations about the recent approval by the House of Representatives of the bill - PL 4330/04 - that releases outsourcing for all activities, pending in the Senate, PLC 30. The text is based on the research: "Outsourcing and Labor Justice" and "The Outsourcing and the Labor Court: regional diversities", with Final Reports approved by the Foundation for Research of the State of São Paulo, FAPESP, and in the ongoing studies in the axis of Outsourcing of the thematic project "Contradictions of labor in Contemporary Brazil: formalization, precariousness, outsourcing and regulation", also with financial support from FAPESP.

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How to Cite

Biavaschi, M. B., & Teixeira, M. O. T. (2015). OUTSOURCING AND ITS DYNAMIC REGULATORY PROCESS IN BRAZIL: LIMITS AND POSSIBILITIES. Revista Da ABET. Retrieved from https://periodicos.ufpb.br/index.php/abet/article/view/25700

Issue

Section

Dossiê: Sobre Terceirização