Condições em que os serviços intelectuais na forma de pessoa jurídica não se confundem com a relação de emprego

Abstract

The topic addressed in this work is relevant to reflect on the evolution of Labour Law, because the protection provided to the worker that took years to be won, with the social and economic modifications arising from capitalism and globalization, have been flexible. Consequently, the phenomenon of pejotización, the main object of this work, has arisen, and has generated much discussion in the Brazilian Judiciary Power, given that it is often is considered a fraud to labour legislation, but at present much is spoken of the legality of this phenomena when at least one of the factual-legal elements listed in articles 2 and 3 of the CLT are absent. To deal with the subject, the method of deductive research and bibliographic research was used, and it was chosen to deal specifically with the intellectual worker from the doctrinal and jurisprudential understanding, since part of the doctrine considers that this worker has some autonomy, unlike other workers, and can be framed as a parassubordinate worker. In view of this, it was concluded that pejotization needs specific legislation to avoid informal and precarious work, so that it can actually benefit both the service provider and the service recipient, clarifying what will be considered fraud to legislation and what penalties will be Applied.