Entre produtividade e a primazia do real: uma análise das recentes decisões do STF sobre “pejotização”

Abstract

This dissertation analyzes the plethora of decisions by the Federal Supreme Court in constitutional complaints that annul numerous decisions of the Labor Court—a phenomenon of great relevance to Brazilian society and widely reported in the news over the past two years. The analysis focuses on decisions concerning the fraud of pejotização, a widely disseminated practice initially addressed by the Labor Court. Initially, the study revisits the material elements that underpinned the emergence of labor law as an autonomous branch, endowed with its own autonomy and principles, and presents the basic instrumental definitions of pejotização. Next, the paper discusses the institution of the constitutional complaint, examining its admissibility and qualitatively analyzing the precedents that underpin the filing of these actions. Subsequently, the study analyzes the constitutional complaints on the topic through a random selection of decisions and an evaluation of their main elements. Finally, it points out discrepancies in interpretation between the Labor Judiciary and the Federal Supreme Court, presenting contributions that aim to ensure the integrity of labor law and its underlying principles, as well as the rational application of the complaint remedy, thereby contributing to the debate on a subject that remains far from a definitive alignment in the national judiciary.