ASPECTOS DA TERCEIRIZAÇÃO TRABALHISTA NA ADMINISTRAÇÃO PÚBLICA

Abstract

The outsourcing of services in public administration in Brazil has been expanded by Laws No. 13.429/2017 and 13.467/2017, which allowed for the extension of this practice to core activities, aiming at efficiency and cost reduction. The institute has undergone a long legislative journey, particularly in Public Administration, as it is a strategy to improve the efficiency of services, enabling public administration to focus on its essential functions. However, significant challenges arise in terms of controlling the quality of the services provided and overseeing the working conditions of outsourced employees. Additionally, the State's responsibility towards outsourced workers is a crucial aspect to be analyzed. The understanding of the Federal Supreme Court (FSC) on this matter is fundamental, as it defines the State's obligations to ensure the rights of these workers, even when they provide services through outsourced companies. Subsidiary liability reflects this responsibility and raises important legal issues. The methodology of this work adopts a qualitative approach, utilizing bibliographic research and document analysis, along with a review of existing literature, books, legislation, and judicial understandings.