Banca de QUALIFICAÇÃO: LARA LIZIANE ARAUJO SAO MATEUS CORREIA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : LARA LIZIANE ARAUJO SAO MATEUS CORREIA
DATE: 24/06/2026
TIME: 16:00
LOCAL: Google Meet
TITLE:

DECENT WORK AND OUTSOURCING IN PUBLIC ADMINISTRATION: a critical analysis of Theme 1118 of the Brazilian Supreme Federal Court from a human rights perspective.

KEY WORDS:

Fundamental social rights; public outsourcing; state liability; decent work; STF Theme 1118.

PAGES: 103
BIG AREA: Ciências Sociais e Aplicadas
AREA: Direito
SUBÁREA: Direito Privado
SPECIALTY: Direito do Trabalho
SUMMARY:

This dissertation critically examines outsourcing in the Brazilian Public Administration from the perspective of human rights and fundamental social labor rights, with particular emphasis on the impacts arising from the legal thesis established by the Brazilian Supreme Federal Court (STF) in Theme 1118 of general repercussion. The study is grounded in the understanding that decent work constitutes a fundamental human right recognized by the 1988 Federal Constitution and by international human rights instruments, imposing upon the State positive duties of protection, promotion, and supervision of labor relations. The research explores the historical development of outsourcing in the Brazilian public sector, contextualizing it within the broader process of productive restructuring and administrative reforms guided by the pursuit of efficiency and the rationalization of public management. It further analyzes the effects of this model on the working conditions of outsourced workers, particularly those employed in cleaning, maintenance, security, and administrative support activities, sectors characterized by greater social vulnerability, high turnover rates, contractual instability, and weak protection of labor rights. Subsequently, the study investigates the normative and jurisprudential evolution of the Public Administration’s secondary liability, focusing on the judgments of ADC No. 16, ADPF N°. 324, Theme 725, and, especially, Theme 1118 of the Supreme Federal Court. It argues that assigning to workers the burden of proving the negligent conduct of public entities in contract supervision increases the informational asymmetry inherent in public outsourcing relationships and creates significant obstacles to access to justice and to the effectiveness of labor judicial protection. The research adopts a qualitative approach, based on bibliographical review and legislative and jurisprudential analysis, complemented by the examination of public data related to outsourcing and labor relations in the State of Rondônia. The findings indicate that, although outsourcing is commonly presented as an instrument of administrative efficiency, it is frequently associated with the deterioration of working conditions and the weakening of workers’ social protection mechanisms. The study concludes that the interpretation consolidated in Theme 1118 tends to hinder the accountability of public entities for failures in contract supervision, producing effects that may compromise the effectiveness of labor-related human rights. As an applied contribution, the dissertation proposes the strengthening of oversight and control mechanisms for outsourced public contracts in order to enhance worker protection and promote greater effectiveness of fundamental social rights.

COMMITTEE MEMBERS:
Presidente - 1719984 - MARCUS VINICIUS RIVOIRO
Interno - 1109299 - DELSON FERNANDO BARCELLOS XAVIER
Externo à Instituição - VINICIUS SILVA LEMOS - UFAC