A precarização do trabalho terceirizado no setor público em face da responsabilidade subsidiária da administração pública e seus reflexos para o trabalhador

Abstract

The present monographic work, as a conclusion to the course, aims to understand how the subsidiary liability of the State acts as a precarizing agent in outsourced labor. It also seeks to evaluate how recent decisions of the Supreme Federal Court have impacted the subject by determining the constitutionality of Article 71, §1 of Law 8,666/93, as well as establishing the thesis in RE 760,931 that the default of the service provider in labor obligations does not automatically transfer responsibility to the Public Power. To achieve this, we will begin with an analysis of the legislative and legal evolution of outsourcing in Brazil, followed by an examination of relevant Supreme Federal Court decisions for the research and an assessment of their impacts on the reality of outsourced labor in Brazil. The conclusion will address the factual and legal consequences resulting from the Supreme Federal Court's decisions, particularly in holding the Public Administration responsible only when its fault is proven.