A terceirização trabalhista: uma análise sobre a (in) constitucionalidade do Projeto de lei 4330/04

Abstract

The outsourcing has emerged as a possibility, in an extremely competitive and globalized market, of reducing costs and rising production quality. Therefore, in the 1970s, outsourcing expanded all around the world, justified by the need of a greater flexibility in labor laws, in order to allow a major adaptation to the contemporary capitalist market, surrounded by a variety of new technologies. In Brazil, the growth of outsourcing began around the first years of the 1990s, affecting many areas of the productive sector, bringing numerous consequences to the labor world and, as a result, to the national Law. It turns out that the practice of subcontracting workers has spread in the country, without any legislation regulating it, except for the specific legislation concerning the Public Service, bank vigilance service and temporary labor. Trying to find a solution for the numerous cases that had been proposed to the Labor Justice, the Labor Superior Court, at the end of 1993, released the Docket n. 331, which is the only broad regulation in terms of outsourcing work in Brazil. Nowadays, the outsourcing keeps on spreading, regardless any specific legislation, demanding a large interpretative effort from courts. That’s the reason why the congressman Sandro Mabel presented the Bill 4330/04 to the Chamber of Deputies, intending to create a general national law, which could establish the boundaries for outsourcing work. However, it’s necessary to ask if the Bill, in the ways it was presented, finds shelter in the Brazilian constitutional values, so that it’s not tainted by the flaw of unconstitutionality and does not represent a step backwards for workers. Consequently, this research paper, using the dialectical method, and relying on the documental and bibliographic researching techniques, intends to demonstrate the compatibility of the Bill 4330/04 and the Federal Constitution of 1988, through the analysis of the probable consequences of its approval. After all, it’s been realized that the enlargement of the institute and the weakening of union strength, which are the consequences of Bill 4330, contradict the constitutional order and represent a major social regression.