Contextualização histórico e comparada da terceirização: limites e possibilidades do projeto de lei nº 4.330/04

Abstract

Presented as an innovative production technique of the contemporary economic system, outsourcing has profoundly changed the relationship between employees and employers, introducing the figure of a third entity to this link, the intermediary company. In Brazil, this technique was incorporated in the late 1960s, predominantly in the surveillance services of banking establishments. Almost half a century later, the phenomenon expands intensely, taking root definitively in the national productive cycle, currently covering millions of workers. However, this dissemination has not been accompanied by public policies that preserve the minimum rights of these workers, so that the result of this neglect is the scenario in which outsourced workers account for approximately 80% of work-related accidents, although they perceive a 25% lower remuneration, on average, when compared to those workers hired directly by the company. In this sense, it is necessary to analyze whether Bill No. 4,330 / 04 is in line with the constitutional dictates and the guidelines of the employee protection policy. In order to achieve this objective, it will be necessary, initially, to investigate how the dynamics of labor relations evolved until it reaches outsourcing, as well as the treatment received by it in comparative law. Thus, by using the deductive approach method as well as historical, monographic and comparative methods of procedure, it will be examined whether the legislative proposal in question is capable of remedying those discrepancies, as well as whether it has the means to promote equality between the outsourced and the personally hired employee.