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THEME 1118 OF THE STF: THE OUTSOURCED WORKER'S NEW BATTLE IN THE COURTS/ TEMA 1118 DO STF: A NOVA BATALHA DO TRABALHADOR TERCEIRIZADO NA JUSTICA
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THEME 1118 OF THE STF: THE OUTSOURCED WORKER'S NEW BATTLE IN THE COURTS/ TEMA 1118 DO STF: A NOVA BATALHA DO TRABALHADOR TERCEIRIZADO NA JUSTICA
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Journal Article
THEME 1118 OF THE STF: THE OUTSOURCED WORKER'S NEW BATTLE IN THE COURTS/ TEMA 1118 DO STF: A NOVA BATALHA DO TRABALHADOR TERCEIRIZADO NA JUSTICA
2025
Overview
This article analyzes STF's Theme 1118, which redefined the public administration's subsidiary liability in outsourcing. The research discusses the historical evolution of outsourcing in Brazil, the impacts of the STF's decision on the burden of proof distribution, and the consequences for outsourced workers' access to justice. It is argued that the decision represents a setback in labor protection by shifting to the employee the obligation to prove a negative fact. As an alternative, the article proposes legislative and procedural solutions that could mitigate the effects of this change, ensuring greater balance in the public administration's accountability.
Publisher
Catholic University of Petropolis (Universidade Catolica de Petropolis)
Subject
