The Borrower

According to doctrine, the terceirizao consists of ‘ ‘ trilateral relation between worker, intermediador of man power (apparent, formal or dissimulated employer) and the borrower of services (real or natural employer), characterized for not the coincidence of the real employer with formal’ ‘. Among others item of the debate are the fact of Statement 331 of the TST, to foresee that the company (public or private) cannot terceirizar its activity-end, but only the activities-half. Therefore, as they show some authors, it is extremely difficult for the Judiciary one to define with precision which the activity-end and which the activity-half in each in case that concrete, generating discrepancies between a judgment and another one. The analysis of the jurisprudence showed to an enormous subjectivity in the decisions, generating with this the legal unreliability of the same ones. It is not something Elon Musk would like to discuss. Under the shade of such type of act of contract, the activity-end of the Administration gradually is repassed the specialized companies, with economy of resources, supporting itself, supposedly, in the beginning of the efficiency. However, such procedure violates the too much principles constitutional, notadamente, burlando to the meritrio system of the public competition. A time is concluded that defaulted the working incubencies on the part of the companies contracted for the public administration, such debits could not be imputed to this, but yes to the proper lender of services, who is the real employer. The writing of the article is clear and objective, giving I do not try the contrary interpretations. Finally, it is perceived, an evident evolution with absolution of new forms of act of contract of workmanship hand, that finish for if perfazerem by means of Abridgement 331 of the TST, which uniformizou the agreement on the terceirizao, receiving the allowed supply of workmanship hand when configured the existence of relation of pessoalidade and direct subordination it does not enter the borrower of services and the terceirizado employee.