Das relações de trabalho à pejotização: uma análise jurisprudencial.

Abstract

This article aims to analyze the phenomenon of “pejotização” (the outsourcing of employment through legal entities) from the perspective of case law, particularly in light of the evolving concept of legal subordination in contemporary labor relations. The research begins by distinguishing between the autonomous worker and the employee, highlighting the legal implications of pejotização—a practice in which companies require workers to form legal entities (typically corporations) to disguise what is, in essence, an employment relationship. The methodology employed is qualitative, based on a review of legal literature and an analysis of labor court decisions, particularly from the Superior Labor Court (TST) and the Regional Labor Court of the 3rd Region.

The study reveals that the classical notion of subordination, focused on direct command and control, is insufficient to address the transformations in the modern world of work. In this context, the concept of structural subordination emerges as a suitable framework to characterize disguised employment relationships. Drawing on the principle of the primacy of reality, the research emphasizes the need to recognize employment relationships when the factual elements are present, even if obscured by civil law contracts.

The decisions analyzed demonstrate that labor courts have made significant progress in addressing pejotização, recognizing employment relationships based on the worker’s integration into the production structure of the service recipient, even in the absence of explicit directives. Ultimately, this research seeks to ensure the effectiveness of workers’ fundamental rights.