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Recent history of judicial decisions about outsourcing: contradictions of employment regulations in Brazil nowadays

Grant number: 16/13563-1
Support type:Scholarships in Brazil - Post-Doctorate
Effective date (Start): November 01, 2016
Effective date (End): October 31, 2020
Field of knowledge:Humanities - Sociology - Other specific Sociologies
Principal Investigator:Marcia de Paula Leite
Grantee:Alisson Droppa
Home Institution: Faculdade de Educação (FE). Universidade Estadual de Campinas (UNICAMP). Campinas , SP, Brazil
Associated scholarship(s):17/23364-9 - The recent history of juridical decisions about outsourcing: contradictions in the labor rule in Nowadays Brazil in comparison to Argentina, BE.EP.PD

Abstract

The aim of the project is to carry out, in a post-doctoral study, a research to enlarge the studies about judicial decisions of labor justice in Brazil nowadays. Studies are being developed within the thematic project Contradições do trabalho no Brasil atual: formalização, precariedade, terceirização e regulação, and are related to demands that discusses outsourcing. Supervisor and co-supervisor of the project are the teachers Dr. Marcia de Paula Leite and Dr. Magda Barros Biavaschi. The purpose is to understand the dynamics of how these decisions are made, and its contradictions in the different levels of jurisdiction. The main source is a sample of labor processes involving outsourcing and its regulation via understandings from summary statements of Superior Labor Court (TST, abbreviation in portuguese). Studies accomplished so far have shown that Labor Law, face to the lack of Brazilian law to regulate outsourcing, has been putting barriers to deepen this way of hiring. The studies take into account statements like Instruction 256, from 1986, then, when it was cancelled, Instruction 331, from 1991, revised in 2000. In the current research, the focus is to study the role played by Labor Law face to the referred phenomenon, in the period between 2000 and 2013. We will seek for the main claims made by workers in outsourcing condition, in their judicial processes, and so, we will develop quantitative and qualitative analyses. It will make possible to enlarge the teaching about labor jurisprudence, as for the resistance, as for the affirmation of the use of outsourcing, as well as for the constitution of a Brazilian legal framework. (AU)