O Fenômeno da “pejotização” à luz dos fundamentos do valor social do trabalho e da livre iniciativa

Abstract

This present research introduces the discussion about the phenomenon of “pejotização” in labor law, which characterizes the use of legal entity to employ aiming to mask the requirement of “pessoalidade”, thus the employer will not have to pay some of the specific labor taxes related to workers registered under the “CLT”. Moreover, this situation is increasing once the corporations justify it by the Constituonal principle of the free enterprise. Indeed, when analyzing the case law the “pejotização” is not only a free enterprise application, but also a violation of the principle known as “labor’s social value”.