Conflitos entre contrato de trabalho e a lei do salão parceiro: limites da flexibilização das relações de trabalho no setor de beleza

Abstract

This article analyzes the legal conflicts between the employment contract governed by the CLT (Brazilian Labor Code) and the partnership contracts established under Law No. 13.352/2016, known as the Salon Partner Law. Although the law was created to formalize labor relations in the beauty industry-historically marked by informality-it has sparked controversy regarding its compatibility with fundamental labor rights. This study is based on doctrinal, jurisprudential, and documentary analyses, including the judgement of ADI 5625 by the Federal Supreme Court, which upheld the constitutionality of the law, provided it is not used to conceal actual employment relationships. The study demonstrates that, in practice, the misuse of the “partner-professional” figure has become a tool for misclassifications and labor precarization, contrary to the principles of reality. It concludes that the limits of contractual flexibility must be strictly observed to avoid violating constitutional labor guarantees and misrepresenting the contractual autonomy established under civil law. This research employs a qualitative approach and a deductive method, based on bibliographic and jurisprudential research, analyzing legislation and decisions of the STF and TST regarding the aforementioned law, especially concerning the flexibility of labor relations and the characterization of the employment relationship.