The new guise of outsourcing after the labor reform and the Supreme Court's rulings on ADPF No. 324 and RE 958.252.

an analysis in light of the ILO's fundamental rights

Abstract

The purpose of this article is to analyze the effects of outsourcing implemented by Law No. 13,467 / 2017, called Labor Reform, and the judgments by the Federal Supreme Court of the Non-Compliance Action No. 324 and Extraordinary Appeal 958,252 in light of the principles and rights. of the 1944 Philadelphia Declaration and the 1998 ILO Declaration of Fundamental Principles and Rights. To this end, the 1944 Philadelphia Declaration, which reaffirms the ILO principles and objectives, with the premise that labor is not a commodity, that freedom of expression and association is a condition for constant progress, and that the struggle against need must be conducted in order to promote the common good. A brief explanation will be given below about the 1998 ILO Declaration of Fundamental Principles and Rights, which in turn comprises four categories of rights which are observed regardless of ratification of their respective conventions, namely: : the right to freedom of association; the elimination of all forms of forced labor; the abolition of child labor and the elimination of discrimination in employment and occupation. Subsequently, outsourcing will be conceptualized, an analysis of its evolution in Brazil will be carried out, from the beginning of the regulation until the current rules, and the analysis of its legal effects after the entry into force of Law no. 13,467 / 2017. Finally, we will analyze the legal theses established in the judgments held on 08/30/2018, which are in line with the understanding expressed in Law No. 13,467 / 2017, in view of the recognition of the possibility of outsourcing any and all activities, whether it means or end, violating ILO fundamental rights.