Terceirização em debate: perdas e ganhos e os possíveis caminhos para a solução das controvérsias

Abstract

This research will discuss the phenomenon of outsourcing in Brazil. It will be demonstrated the concept of outsourcing and the origin and historical evolution of the phenomenon. We will also discuss in detail the Precedent 256 and 331 of the TST and analyze what has laws about the subject. Analyze the criteria of lawfulness and unlawfulness of outsourcing, species, and the responsibility of the private employer and Ente Público. On the agenda for the losses and gains of outsourcing, the controversies surrounding the issue, the legal uncertainty and problems of litigation in the courts arising from the absence of norms that regulate the subject, and finally propose the regulation of outsourcing as the way more viable solution to the controversy.