O fenômeno da “pejotização” e seus reflexos nas relações de emprego: aspectos práticos e consequências desse tipo de contrato para o trabalhador

Abstract

The purpose of this final course work is to conduct a study on the precariousness of employment relationships caused by the phenomenon of pejotization, in which the employer seeks to lower the costs of hiring labor through fraud, simulating a legal relationship different from the existing one, in order to remove the employment relationship. Supported by doctrine and jurisprudence, the work initially analyzes the general characteristics of Labor Law, its historical development in Brazil and the main normative diplomas that protect workers in the Brazilian Legal System. In a second moment, the study focuses on the discussion about labor relations and their main species, as well as the characteristics that differentiate them from employment relations, bringing their requirements to the center of the discussion. Then, the work focuses on addressing the phenomenon of pejotization it self, bringing its concept and characteristics and the way the State has responded to this type of practice. Finally, it focuses on the practical consequences that this type of fraud generates, firstly for the employee, and secondly for employers, using decisions from the most diverse Courts in the country in order to demonstrate the impacts caused by this practice. At the end of this work, it is hoped that the importance that the various State bodies must provide for the protection of the worker with respect to the various labor rights that are neglected when hiring an employee under the veil of pejotization is left to be demonstrated.