A pejotização e suas consequências no âmbito do direito do trabalho

Abstract

This article has as its theme the analysis of “Pejotização”, which is a hiring type, under the focus of the inconsistency that such institute brought to labor relations. In this sense, its expansion is analyzed, which occurred with the objective of making the relationship between employee and employer more flexible, in order to remedy moments of crisis and reduce unemployment. However, this institute is not based on a specific legislation, and its understanding has been encompassed by judgements. For this reason, questions regarding its application have often been discussed. Thus, the general objective of the work is to analyze the Institute of “Pejotização”, a form of flexibilization expanded by the Labor Reform, which occurred in 2017, its formalization and procedure in Brazil, encompassing its historical context and advances in jurisprudential understanding. Specifically, the research aims to make an analysis about the instability brought by the institute under analysis, in order to demonstrate what are its legal consequences to brazilian workers from the permissibility of “pejotização” in the scenario of labor relations, which is shown as a fraudulent practice in most cases. Therefore, the hypothetical-deductive method is used, based on the hypothesis that this form of flexibilization brought precariousness and harm to the worker, the hypothesis being answered during the present work, and the historical, analytical and descriptive procedure methods, seeking to make an analysis of its emergence, as well as its expansion, besides having as research techniques the bibliographic and jurisprudential search.