A Terceirização na administração pública

Abstract

Based on the model of hiring usually used, which involves employer and employee, the outsourcing appears as a novelty in the Labor Law, adding another subject to the relationship. Because it differs from the bilateral model and is a fairly recent practice in Brazil, outsourcing lacks complete legislation, leaving some loopholes in the practical life. Therefore, one of the critical points is the difficulty of finding out the fault of the Public Administration when outsources some activity, in the absence of objective criteria to do so. The main purpose of the present work is to discuss the need to establish minimum parameters that are capable of assessing the existence or not of the State’s guilt, as well as to bring effective alternatives to remedy the absence of a norm, based on the position of ministers of the Federal Supreme Court and on the verified in the research done.