Abstract:
This article analyzes the legal and factual criteria used to characterize the
employment relationship in service outsourcing within the Brazilian legal context. Theresearch is justified by the economic relevance of outsourcing and the intensified
debates following the enactment of Law No. 13,429/2017, the Labor Reform, and the
Brazilian Supreme Court decisions in 2018. The general objective is to investigate
the relationship between outsourcing and employment relationships, analyzing legal
foundations, doctrinal positions, and judicial decisions. The methodology adopted a
qualitative descriptive-analytical approach, developed through bibliographic and
documentary research, with analysis of primary and secondary sources. The study
demonstrated that, although the Supreme Court validated unrestricted outsourcing in
ADPF 324 and RE 958.252, the employment relationship continues to be recognized
by Labor Courts when direct subordination of the worker to the client company is
present. Jurisprudence distinguishes structural subordination, inherent to lawful
outsourcing, from direct subordination, characterized by working hours control,
supervision by client company representatives, and disciplinary power, which
constitutes fraud. The subsidiary responsibility of the client company was maintained
after the labor reform. It is concluded that outsourcing represents a legitimate
instrument of business organization, constitutionally validated, but remains subject to
legal limits, with the principle of reality prevailing when practice evidences an
employment relationship.
