This volume highlights several sensitive and controversial topics, especially the outsourcing of services.
Human dignity was adopted as a principle of social organization by the 1988 Constitution of the Republic, and its protection and promotion constitute a prerequisite for building a truly free, just, and supportive society.
Any form of weakening of labor law ultimately weakens the defense and promotion of human dignity and leads to the replacement of human dignity with precariousness as a principle of social organization.
The outsourcing of services calls into question the ability of labor law to fulfill its protective function of worker dignity, due to the absorption of new forms of exercise of directive power by the service recipient, which make the worker subordinate to the directives that define the structure of the enterprise in which their activity is inserted, clearly distinguishing the real employer from the apparent employer, and defining the debtors of the obligation to satisfy credits arising from the provision of services, depersonalizing this obligation, with its attribution to all those benefiting from the services.
This last aspect of the issue raises the responsibility of the Public Administration for satisfying the debts of employees of companies it contracts, requiring the affirmation
that Article 71, § 1, of Law No. 8.666/1993 does not exempt the Public Administration from responsibility for its actions and choices, and that economic and administrative solutions must
be mediated by respect for the social value of work and the dignity of the human being who survives from their work.
The discourse of globalization, international competition, efficiency, excellence, and flexibility of production requires the reaffirmation of the necessary harmony between free initiative, the social value of work, and human dignity, as a way out of the dehumanization of the employment relationship and of the worker themselves, and as a requirement of the Democratic Rule of Law.
Editorial Board