AS FERRAMENTAS DA NOVA LEI DE LICITAÇÕES E CONTRATOS (14.133/2021) PARA EVITAR A INADIMPLÊNCIA DAS OBRIGAÇÕES TRABALHISTAS NOS CONTRATOS DE TERCEIRIZAÇÃO NA ADMINISTRAÇÃO PÚBLICA

Abstract

Outsourcing is an inexorable reality in Public Administration. The great mishap of outsourcing in the Public Administration is called default of labor obligations. If the outsourced company does not pay the employees' labor claims, the Public Administration, as the service user, may be held liable in the alternative, if there is a failure to inspect the administrative contract. In other words, the public entity pays double. In turn, the outsourced employee, undoubtedly the most fragile vertex in this triangular relationship, receives their labor funds (when successful) through a lengthy judicial process, via a writ of payment or small-value requisition, and even with a discount on legal fees. There is also the possibility that society will be harmed by the interruption of public service. In the end, this is the worst possible scenario. Thus, with the aim of avoiding this tragic scenario, the new Administrative Biddings and Contracts Law (14.133/2021) presents a wide set of tools to improve the inspection of outsourcing contracts in the Public Administration. Presenting and analyzing these new instruments of Law nº 14.133/2021, which seek to avoid the default of labor obligations in outsourcing contracts in the public administration, is the general objective of this article, which used the deductive-bibliographic method for the elaboration.