Pejotização e as consequências da fraude à legislação trabalhista ocultada por meio do microempreendedor individual

Abstract

The Individual Microentrepreneur is an institute created by the Federal Government to formalize the labor activity of thousands of self-employed workers, with the main purpose of guaranteeing the entrepreneur all his social and labor rights, as well as the collection of taxes to the public coffers. However, what came to benefit thousands of self-employed workers also became the torment of many, because many employers have illegally used this institute as a way to camouflage the real employment liams they have with their employees, aiming exclusively at profit and cost reduction, practice called "pejotization". Thus, the present study seeks to evidence this practice within the labor market, in order to verify the mechanisms of protection of workers against the fraud of their rights, penalizing employers who incur such acts. To this end, the phenomenon of "pejotization" and its consequences will be discussed, as well as the progress of the legal system on the subject, with doctrinal and jurisprudential treatment. The research methodology used outside through the hypothetical-deductive method and the techniques of research outside through the theoretical-bibliographic method, with data collection scans carried out in physical and virtual libraries, and legislation relevant to the subject in question.