Barroso and Fux vote for the possibility of outsourcing core activities

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Federal Supreme Court ministers Luís Roberto Barroso and Luiz Fux voted, this Wednesday (22/8), for the constitutionality of outsourcing core activities. Each person is the rapporteur of an action that discusses the measure. Currently, more than 4 thousand labor cases await this result. The trial was suspended and will resume this Thursday (23/8).

Minister Luís Roberto Barroso, rapporteur of the Claim of Non-compliance with Fundamental Precept 324, voted in favor of outsourcing and stated that there is no law that prohibits the practice.

“Free enterprise and free B2B Lead competition cannot be violated. Such principles guarantee companies freedom in search of better results and greater competitiveness. The Federal Constitution does not require the adoption of a specific production model. The Federal Constitution does not prohibit outsourcing," he said.

For Barroso, this is not a division between means and end activities. “That’s not law, that’s economics. Flexible production is a reality around the world. It is not a debate between progressives and reactionaries. In outsourcing there are workers' rights. This is not what is being discussed here. This is a mode of production, and companies cannot have very high fixed costs, given the demands. And so it's been flexible outsourcing for a long time," he said.

The minister also said that the law is the clearest way to guarantee workers' rights. “At a time when there are 13 million unemployed people and 37 million informal workers, it is necessary to analyze the situation carefully. The existing problems regarding non-compliance with labor obligations in outsourcing are identical. The precariousness argument does not hold water. In the contract between the company that hired it and the outsourced company, the latter is subsidiarily responsible”, he considered.



In his vote, the minister also highlighted the evolution of society and that, currently, there are five million labor complaints in the Brazilian courts. "We are living through the technological revolution. Today, millions of people communicate via the internet. We live under a new ideology, a new grammar. There is no sector of the economy that has not been affected. The big companies in the past were the oil companies and today the large companies do not produce anything physical. Innovations and technological advances build this new world. The future is unpredictable and frightening,” he said.

The minister also stated that the Labor Court has understood that it is possible to outsource core activities, but the same does not apply to core activities.