INSTITUTIONALIZED PRECARIOUSNESS(?): An analysis of the Supreme Court' thesis on ADPF 324 and of its possible effects in labor materiality

• Grant number: 24/22261-5
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: February 01, 2025
• End date: November 30, 2025
• Field of knowledge: Applied Social Sciences - Law
• Principal Investigator: Agnaldo de Sousa Barbosa
• Grantee: Murilo Lopes Cardoso da Silva
• Host Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

The contemporary socio-political context of labor while marked by the transition from fordism's typical rigidity to post-modern flexibility reflects itself, also, on the legal medium, so that an emblematic example of such reflex is found in ADPF 324, which culminated in the brazilian Supreme Court making outsourcing as a whole thoroughly viable. Based on this context, the current research seeks to develop an analysis of the STF ministers' votes in ADPF 324 in order to investigate means by which their discourses relate itselves to neoliberalism's premisses and conclusions, also analysing the rhetorical instruments employed for rationalizing and universalizing the discourse through Law. Thus, it is intended to comprehend the possible effects of the ministers' decision on the legitimization and the institutional feasibility of the flexibilization, subcontracting and precariousness dynamics that permeate the contemporary labor materiality. To fulfill these objectives, the study of interdisciplinary literature will be employed as a way to consolidate the analysis both critically and theoretically, alongside the study of jurisprudence allied to works from legal doctrine and legal texts pertinent to the problematic analysed. It is expected, through this research, to understand the court's understanding of the matters involving the labor precariousness dynamics, as well as to analyse the presence of elements regarding austerity, economic rationality, legal modernization and others in the ministers' discourse.