A “pejotização” no direito do trabalho e os novos contornos jurisdicionais

Abstract

The practice known as "pejotization" in Labor Law emerges as a strategy to reduce labor burdens, where employers demand that workers establish a legal entity, avoiding employment relationships. This conduct is considered a fraud against labor, social security, and tax laws. The study addresses Labor Law, defining the employee-employer relationship and the principles involved, analyzing "pejotization" and its repercussions. Using a deductive method and theoretical research, the paper highlights jurisprudence that points to the incompatibility of this practice with Article 9 of the Labor Code, reinforcing the state's commitment to protect the rights of workers, considered the more vulnerable party in the relationship.