O fenômeno da pejotização do empregado hipersuficiente à luz dos valores sociais do trabalho e da livre iniciativa

Abstract

The recent expansion of entrepreneurship and the number of legal entities established in Brazil highlights the debate surrounding the phenomenon of “pejotização” (incorporation of a worker as a corporate entity instead of hiring them as an employee) of hypersufficient professionals, a topic that deserves to be analyzed based on the fundamental principles of free initiative and the social value of work, both from the perspective theory of Legal Science and from the aspect of material compatibility with the Brazilian Constitution of 1988. To this end, it is imperative, initially, to study the propaedeutic and historical aspects of the social values of work and free enterprise and the apparent contradiction between the ideals contained in these constitutional values, as well as the possibility of harmonizing the granting of freedom of initiative and, at the same time, valuing human work. Supporting this study, the legal-theoretical framework will be present for examining the issue of “pejotização”, focusing on the understanding of the Superior Labor Court and the Federal Supreme Court regarding its constitutionality in cases in which the provider is classified as hypersufficient. And finally, in conclusion, it will be investigated whether the phenomenon of “pejotização”, as it has been admitted in the predominant jurisprudence of the Federal Supreme Court, finds its place in the Constitution of the Federative Republic of Brazil of 1988, notably in the harmonious application of the principles fundamental elements of free enterprise and the social value of work.