Tema 1389 - A pejotização como opção do empregador e a perda dos direitos trabalhistas

Abstract

Labor guarantees have been progressively eroded. The practice of hiring individuals through legal entities to disguise employment relationships — known as “pejotização” — has become a strategy employed to reduce labor costs, resulting in a substantial loss of rights for workers. The Federal Supreme Court has recognized the General Repercussion of Theme 1389, which concerns the legality of pejotização when the essential elements of an employment relationship are present. The case addresses not only the legal validity of civil and commercial service contracts but also the jurisdiction of the Labor Judiciary itself. The engagement of workers as legal entities raises complex issues related to labor precarization, the violation of human and fundamental rights, and the balance between contractual freedom and social protection. This article examines the legal and constitutional dimensions of pejotização in light of Theme 1389. It discusses the constitutional and legal foundations, the principal precedents established by the Federal Supreme Court, and the potential practical and social implications of the Court’s forthcoming decision.