The recent history of juridical decisions about outsourcing: contradictions in the labor rule in nowadays Brazil in comparison to Argentina

• Grant number: 17/23364-9
• Support Opportunities: Scholarships abroad - Research Internship - Post-doctor
• Start date: February 15, 2018
• End date: February 14, 2019
• Field of knowledge: Humanities - Sociology - Other specific Sociologies
• Principal Investigator: Marcia de Paula Leite
• Grantee: Alisson Droppa
• Supervisor: Andrea Del Bono
• Host Institution: Faculdade de Educação (FE). Universidade Estadual de Campinas (UNICAMP). Campinas , SP, Brazil
• Institution abroad: Universidad Nacional Arturo Jauretche (UNAJ), Argentina
• Associated to the scholarship: 16/13563-1 - Recent history of judicial decisions about outsourcing: contradictions of employment regulations in Brazil nowadays, BP.PD

Abstract

The following project intends to investigate in a comparative matter the normative reality of outsourcing in Brazil and Argentina, allowing the cross-reference of data organized in the axis 'Outsourcing' from the theme project "Contradictions of labor in nowadays Brazil. Formalization, precarity, outsourcing and regulation" and from the Post-doctoral project "The recent history of juridical decisions about outsourcing: contradictions in the labor rule in nowadays Brazil". Different from Brazilian reality, in which, with exception of security and cleaning jobs, it didn't have a specific legislation about the theme until 2017, and having as a legal boundary the Statement 256, from 1986 and the Pronouncement 331, from 1993, both edited by the Supreme Labor Court (TST), Argentinean labor laws has a significant legislative experience in the standardization of this job contract, predicting itself in a legal framework from 1974 the liability of the service contractor. This project intends to investigate elements that allow us to consolidate a comparison between these two different realities, focusing mainly in their juridical decisions. The study's main focus, therefore, is to comprehend the dynamic in the making of the judicial rules and their contradictions in the different levels of jurisdiction, both in the labor courts of Brazil and Argentina. In the Brazilian case, as pointed out in the main research project, the studies so far developed have shown that Labor Court, dealing with the lack of a law before 2017, regulated outsourcing and putted obstacles against the spreading of this contract form as exposed in the understandings firmed by TST. In the Argentinean case, it was disciplined by article 30 [1] from the Act nº 20.744, called as labor contract act (LCT), amended by the acts nº 21.297, from 1976, and nº 25.013, from 1998.