Terceirização e pejotização na construção civil: impactos legais e trabalhistas

Abstract

This research analyzed the legal and labor impacts of outsourcing and “pejotization” in the construction industry, motivated by the marked increase in related judicial claims and by the conviction that, although lawful outsourcing can improve efficiency, specialization, and operational flexibility, fraudulent “pejotization” threatens worker dignity and the social-protection system. The general objective was to examine these contracting modalities from the perspective of their implications for companies and workers. The specific objectives included defining and differentiating outsourcing (a lawful modality) and “pejotization” (the irregular practice of hiring a legal entity in place of a registered employee), identifying the resulting risks and challenges for workers and companies, and presenting court decisions involving “pejotization” in the construction industry. The methodology adopted was qualitative and documentary, involving the review of approximately 100 cases from JusBrasil database (2025). After applying filters and inclusion criteria (personal nature of service, regularity, remuneration, and subordination), 12 cases effectively related to the construction industry were selected for analysis. The findings indicated that formal contracts with a clear scope, proven technical autonomy, and absence of subordination tend to prevent the recognition of an employment relationship, whereas the provision of services without prior formalization and under continuous orders favors its recognition. The study concludes that adopting sound contractual practices and monitoring of Supreme Federal Court (STF) rulings on “pejotization”, witch are still pending judicial review.