Revista do Direito do Trabalho e Meio Ambiente do Trabalho (Dec 2016)

Labor Outsourcing And Construction

  • Herbet Miranda Pereira Filho,
  • Humberto Lima de Lucena Filho

DOI
https://doi.org/10.26668/IndexLawJournals/2525-9857/2016.v2i2.1241
Journal volume & issue
Vol. 2, no. 2
pp. 209 – 226

Abstract

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Labor outsourcing has been an element widely discussed among scholars and social actors involved in the regulation of social relations. The phenomenon arrived in Brazil more consistently in the second half of the twentieth century and is a reality in the country's productive system. Given the absence of specific legislation regulating the matter, the greatest difficulty nowadays is to establish the limits of permissibility of outsourcing. The regulatory gap is creating a series of conflicts between companies, inspection agents and the Judiciary. This study aims to evaluate the concept of intermediate and final activity in construction and effective boundaries to be observed preventively by law enforcers. It uses the deductive method to conclude that the resolute focus should not stick to the definition of what activities are part of the industry chain, to be volatile and determined by the productive dynamics, but inspection of the economic conditions of the service providers.

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