Responsabilidade da empresa tomadora de serviços: uma análise da terceirização depois da reforma trabalhista e da declaração de constitucionalidade pelo Supremo Tribunal Federal

Abstract

Outsourcing is not a peaceful issue for labor law, and some say that flexibilization of production methods by such an institute can lead to a precariousness of labor relations. It is imperative to point out that there have been recent changes in labor legislation that have greatly altered the way in which the triangular relationship between employee, service provider and service provider, should be regulated, since the aggregate changes to the Consolidation of Labor Laws and the Law n. 6,019 made it possible to outsource the end-activity of a company. In the same vein, the Federal Supreme Court considered this possibility to be constitutional, maintaining, however, the subsidiary responsibility of the company that took the services. In view of these events, what is being sought is to clarify how the responsibility of the service-taker can be interpreted in the face of the recent decisions of the Federal Supreme Court (ADPF 324 and RE 958252), which consider constitutional the outsourcing of end-activity