The (dis)agreements between the Brazilian judiciary and legislative branches

An analysis of the expansion of outsourcing in the Public Administration in the context of the Appeal to the Supreme Court No. 760.931/DF and of Act 13.429/2017

Abstract

This article aims to point out some of the main elements of the theory and practice involved in “outsourcing” the working conditions of the worker, understood in the form of management contracts or partnership agreements between the public administration and legal companies governed by private law for the performance of activities. This is approached from a normative historical context of results, both from the point of view of the extension, as well as the expansion of its contents. It proposes to carry out an approach to the State and the Law, its function and its functioning, from a perspective critical of neoliberalism and productive restructuring on a global scale, especially as identified in the decision of RE 760.931 / DF and Act 13.429 / 2017. In this research, the hypothetical deductive approach will be used, in which the hypothesis of “the fulfilment of efficiency and modernity” will be tested through outsourcing contracts, based on the demonstration of legal, normative and social consequences.