Os aspectos jurídicos da terceirização no setor privado brasileiro ante a ordem jurídica internacional comparada

Abstract

Outsourcing, understood as an administrative phenomenon, consists in the possibility of a company enter into a civil or business contract with another company - the service provider - so that the latter provides it with specialized workers for the accomplishment of certain activities. This trilateral relationship is based on free initiative and aims at achieving greater productivity, competitiveness and optimization of the products and services made available, as well as reducing costs and the strong bureaucracy of the process. These goals, however, must be estimated along with internationally recognized principles such as the value of work, social justice and, above all, human dignity. Due to this necessary weighting and recent legislative and judicial changes on the subject at the national level, it is sought through the deductive method and Comparative Law, source of Brazilian Labor Law, the extraction of information and techniques applied in different legal systems in the which deals with outsourcing in the private sector, as well as its degrees of similarity and difference to what is regulated by the Brazilian system, in order to allow new questions and perspectives of this theme in times of globalization and that has a great impact on society, especially in the lives of workers and entrepreneurs. Most countries choose to retain protection rights and equal wages between outsourced and direct employees, in addition to the responsibility of the borrower to be mostly joint and several. Safeguarding the union is also a point of interest in foreign legislations.