Terceirização: limitação, precarização e o papel do Ministério Público do Trabalho como promotor de Direitos fundamentais

Abstract

This study describes the outsourcing jobs by the theory of neo-constitutionalism. This subject reveals important as a consequence of the growing debates about the unlimited outsourcing jobs use in all enterprise activities, turning irrelevant the discussing about in which activity the enterprise uses the human workforce (frontier of licit or illicit outsourcing jobs). The hypothesis is that unlimited outsourcing jobs fragilize the worker protection, being a mechanism of deterioration of labour relationships and growing of the profit to the enterprises. The study also proposes as theoretical and methodological reference to the research the concepts of licit and illicit outsourcing jobs, built by the jurisprudence of the Superior Labour Court, going to a constitutional interpretation in the light of social values of labour and the dignity of the human person. The study is centered at the analyze of the mission of the Labour Public Prosecution as fundamental labour rights promoting organism, in the combat of disguised employment relationships by using the outsourcing jobs. This research aims to demonstrate that the unlimited outsourcing jobs collides with ensured constitutional values, being the responsibility of the Labour Public Prosecution the defense of the juridical labour order to ensure the respect to the worker dignity