Pejotização e a precarização do trabalho: impactos e desafios para a proteção dos direitos trabalhistas

Abstract

This study examines the phenomenon of pejotização, understood as the requirement imposed on workers to establish a legal entity in order to disguise an employment relationship, thereby constituting fraud against labor legislation and contributing to the precarization of work relations. The research aims to analyze the legal, social, and economic impacts of this practice, especially its connection to social dumping and the weakening of labor protection mechanisms in Brazil. A qualitative and analytical-critical methodology was adopted, grounded in legal doctrine, case law, and applicable 6 legislation, with emphasis on distinguishing legitimate outsourcing from fraudulent arrangements through the factual and evidentiary elements that characterize an employment relationship. The results demonstrate that pejotização has expanded across several economic sectors, shifting business risks onto workers, reducing essential labor guarantees, and creating unfair competitive advantages. The findings also highlight the essential role of the Labor Judiciary, which, guided by the principle of the primacy of reality, is responsible for recognizing employment relationships and curbing abusive contractual simulations. The study concludes that effectively addressing pejotização requires coordinated institutional action, strengthening of labor inspection bodies, jurisprudential uniformity, and legislative progress to establish objective criteria capable of distinguishing genuine autonomy from fraudulent practices, thereby reaffirming the social value of work and the principles of social justice established in the Brazilian Constitution. Keywords: pejotização; labor precarization; social dumping; labor inspection; primacy of reality.