OF THE SUBSIDIARY RESPONSIBILITY OF THE NATIONAL TREASURY IN THE OUTSOURCING OF PUBLIC SERVICES IN THE LIGHT OF THE JUDGMENT OF EXTRAORDINARY RESOURCE No. 760,931

Abstract

The article deals with the responsibility of the Public Administration for the labor debts of its contractors, mainly after the decision of the STF rendered in RE 760,931, in 2017. The position of the STF contradicts the historical jurisprudence of the TST, mainly in the point where it removes the possibility of liability Public Administration, except in cases of social security debts. In order to assist the discussion, a study on outsourcing in Brazil is carried out, from the absence of regulation to the preparation of Summary No. 331 of the TST, the main informative instrument on the subject. At the end, an analysis of the STF decision issued in RE 760,931 is made, mainly in relation to the votes of Ministers Luiz Fux and Rosa Weber, antagonistic in relation to the State's accountability in outsourcing processes. In terms of final considerations, the precariousness of rights is evident from the decision of the STF, within the spirit of the Brazilian government to soften and deregulate labor rights historically conquered.