TERCEIRIZAÇÃO DE MÉDICOS NA MODALIDADE PJ, É LÍCITO OU ILÍCITO?

Abstract

The outsourcing of doctors in the Legal Entity (PJ) modality has generated legal discussions in Brazil, especially after the 2017 Labor Reform. The model offers flexibility and cost reduction for health institutions, but also raises questions about the precariousness of labor rights . The objective of this study is to investigate the legality of this form of contracting and analyze the differences between the Federal Supreme Court (STF) and the Superior Labor Court (TST) in relation to pejotização. To this end, a descriptive and qualitative bibliographic review was carried out, focusing on relevant legislation, doctrines and judicial decisions. The results indicate that, while the STF defends the legality of outsourcing core activities as long as the doctor has autonomy, the TST adopts a more rigid stance, recognizing the existence of an employment relationship when there is subordination. Pejotização, in many cases, has been used to mask the employment relationship, which results in the loss of fundamental labor rights. Analysis of the impacts of this practice shows that, in addition to making doctors' working conditions precarious, pejotization can compromise the quality of health services offered to the population. It is concluded that, although outsourcing is legally permitted, its inadequate application brings serious legal and social risks, requiring a review of the practices adopted by health institutions to ensure the protection of labor rights.