Pejotização no trabalho médico: critérios jurídicos para compatibilização entre livre iniciativa e proteção ao trabalho digno

Abstract

The hiring of medical professionals through legal entities has intensified in Brazil, mainly due to the demand for flexibility and efficiency in the management of the healthcare sector. However, this model raises controversies regarding its legality and legitimacy, especially in light of constitutional labor guarantees. Following the Supreme Federal Court's decision in General Repercussion Theme 725, which recognized the lawfulness of outsourcing any type of activity, the debate on the limits of contractual autonomy and the establishment of employment relationships has taken on new dimensions. This dissertation aims to analyze, from a dogmatic and jurisprudential perspective, the validity of hiring physicians through legal entities (PJs), proposing objective criteria to distinguish labor fraud from legitimate business planning. The goal is to offer parameters that promote legal certainty for both healthcare professionals and companies, balancing economic freedom with social protection.