Os impactos da pejotização nas relações laborais no Brasil: uma análise crítica, histórica e jurídica ao precedente criado pela reforma trabalhista de 2017

Abstract

The aim of this study was to analyze "pejotização" in Brazil—a practice that disguises employment relationships by hiring professionals through legal entities, with the intent of circumventing labor and social security rights. The study, based on an analysis of legal doctrine, legislation, and case law, focused on the post-2017 Labor Reform context. It was found that "pejotização" leads to the deterioration of labor conditions, suppressing essential rights such as paid vacation and the thirteenth salary, and violating core labor principles. The research examined how the legal reform and Supreme Federal Court (STF) decisions that validated unrestricted outsourcing contributed to the tacit validation of this practice, prioritizing legal form over factual reality. For employers, "pejotização" poses significant legal and financial risks in the event of judicial recognition of an employment relationship. It is concluded that this practice constitutes a deceptive mask against labor justice, embedded in a neoliberal logic that affronts human dignity and demands resistance to uphold the legal order and fundamental rights.Finally, this study emphasized the importance of interpreting. regulations based on constitutional principles of dignity and equality, especially for vulnerable groups.