Proteção ao trabalhador terceirizado em contexto de restrições orçamentárias: análise da incorporação de novas garantias trabalhistas nos documentos contratuais de uma universidade pública federal

Abstract

The outsourcing of continuous services has established itself as a mechanism for reorganizing the workforce, associated with cost reduction and the flexibilization of labor relations, and its expansion has also been linked to employment instability and the weakening of protections for outsourced workers. In Brazil, the legislative changes introduced in 2017 expanded the possibilities for outsourcing and the flexibilization of labor regulations. In contrast, new regulations enacted in 2024 established guarantees for outsourced workers, such as a reduction in weekly working hours without pay cuts, as well as the receipt and handling of complaints regarding discrimination, violence, and harassment. The implementation of these guarantees, however, occurs within a context of budgetary constraints across federal universities, as evidenced by institutional documents from the Federal University of Uberlândia (UFU), which announced the need to reduce contracts and outsourced job positions. In this context, the study aims to analyze the incorporation of these guarantees into the contractual clauses of UFU's continuous service contracts, identifying progress, gaps, and institutional constraints. This is a qualitative and descriptive study conducted through content analysis. The results demonstrate that, based on the five selected contracts, their contractual incorporation occurs in a heterogeneous manner and at distinct moments, being formalized in some contracts while remaining absent in other active contracts analyzed. The study concludes that recent regulations have expanded worker protection mechanisms and the responsibilities of contract management and oversight. However, their documentary effectiveness depends on adapting ongoing contracts, incorporating new requirements into procurement procedures, and strengthening institutional capacity to reconcile them amidst budgetary constraints.