AS ESPÉCIES EXPANSIVAS DA RELAÇÃO DE EMPREGO NO CENÁRIO ATUAL: UMA LEITURA DOS BENEFÍCIOS E DESVANTAGENS DA PEJOTIZAÇÃO E SEUS IMPACTOS NOS RECEBÍVEIS DA PREVIDÊNCIA SOCIAL

Abstract

The present study presents as main hypothesis the various changes in labor legislation due to the evolution of the form of work. In this sense, labor legislation brought us the phenomenon of pejotization that, in short, it is the practice of the worker to be a company to be hired as a legal entity, receiving differentiated treatment from workers governed by an employment relationship (CLT). This "phenomenon" would not be bad, because, in theory, it generates freedom of journey and economic freedom, having the individual autonomy of time because it is not subordinate to the employer. However, in Brazil, this new modality has been distorted, as the vast majority are hired as PJ, but actually work as employees without having the rights associated with a celetist employment relationship. Thus, this provision of services by PJ ends up having all employment relationship requirements: personality; Habitual; Burdens and subordination. Given this scenario, we find fraudulent pejotization. In addition to all this, it should be considered that PJ is responsible for the risk of the business, unlike the Employee CLT, which is safeguarded by the employer's liability. In short this study, it is not intended to resolve such issues imposing solutions, but to expose the themes for analysis and deduction, examining the benefits of pejotization, their disadvantages and what are the potential impacts of this new phenomenon in the social security scope.