Projeto de lei n° 4.330 de 2004: uma análise da terceirização de atividade-fim na administração pública

Abstract

This study aimed to analyze relevant aspects regarding the use of outsourcing in the execution of core business of government. To this end, the study was done using doctrinal and jurisprudential research and the approach was based on the critical analytical method. The method procedure, in turn, is the historical and documentary, because reflections depart from the historical analysis of outsourcing, through the comparison of the law project with the doctrinal and jurisprudential understanding of matter. The work was divided into two chapters, while in the first chapter was made to draw a historical panorama, legal and case law regarding outsourcing and to examine the constitutional aspects of this phenomenon and the claim contained in the law No. 4330, 2004. In the second chapter we talked about the limits that this practice finds at the state level and about the deleterious effects caused by the indiscriminate use of outsourcing by the Government. At the end of this work was possible establish that this law project is a doctrinal and jurisprudential regress in relation to the outsourcing phenomenon, making workers even more vulnerable before this production model, as well as violates the constitutional principles of public administration.