INDEPENDENT CONTRACTOR POLICY: THE LEGAL RUSE OF THE ENTREPRENEUR OF HIMSELF AND THE THIRD SPIRIT OF CAPITALISM

Authors

  • Attila Magno e Silva Barbosa Universidade Federal de Pelotas
  • Juliani Veronezi Orbem Universidade Federal de Pelotas

DOI:

https://doi.org/10.21669/tomo.v0i33.7205

Abstract

The aim of this article is to analyse the so-called independent contractor policy (ICP) as a form of outsourcing that is inserted in ‘the third spirit of capitalism’, which is presented as a legal expression of the ‘entrepreneur of himself’. The Labour Law in Brazil began to suffer, from the 1980s onwards, the effects of a dispute between two ideologies associated with the modes of justification of the capitalist economic activities: the formal/regulated labour relations and the self-employment. The investigation draws on a multi-scalar methodological framework which includes: Firstly, an archival analysis in which it was analysed 123 case law of the TRT, from the 4th Region/RS and of the TST, from 01/01/2008 to 07/15/2014. Secondly, seven semi-structured in-depth interviews with magistrates from the TRT of the 4th Region / RS, aiming to understand their perceptions on the role of the labour courts on the ICP and on the inclusion of ICP as something in the border between civil and Labour Law.

Downloads

Download data is not yet available.

Author Biographies

Attila Magno e Silva Barbosa, Universidade Federal de Pelotas

Doutor em Sociologia pela Universidade Federal de São Carlos. Professor Adjunto III do Departamento de Sociologia e Política e do Programa de Pós-Graduação em Sociologia da Universidade Federal de Pelotas.

Juliani Veronezi Orbem, Universidade Federal de Pelotas

Bacharel em Direito e Mestre em Sociologia pela Universidade Federal de Pelotas.

Downloads

Published

2018-07-31

How to Cite

Barbosa, A. M. e S., & Orbem, J. V. (2018). INDEPENDENT CONTRACTOR POLICY: THE LEGAL RUSE OF THE ENTREPRENEUR OF HIMSELF AND THE THIRD SPIRIT OF CAPITALISM. TOMO Review, (33), 9–46. https://doi.org/10.21669/tomo.v0i33.7205

Issue

No. 33 (2018): jul./dez.

Section

Artigos Livres

License

TOMO journal adopts the Creative Commons CC-BY 4.0 license which allows:

• Share: copy and redistribute the material in any medium or format.

• Adapt: remix, transform, and create from the material for any purpose, even commercial.

Authors who publish in this journal agree to the following terms:

a) Authors retain copyright and grant the journal the right of first publication, with the work simultaneously licensed under the Creative Commons which allows sharing the work with acknowledgment of authorship and initial publication in this journal.

b) Authors are authorized to assume additional contracts separately, for non-exclusive distribution of the version of the work published in this journal (eg, publishing in an institutional repository or as a book chapter), with acknowledgment of authorship and initial publication in this journal.

c) Authors are allowed and encouraged to publish and distribute their work online (e.g., in institutional repositories or on their personal page) at any point before or during the editorial process, as this can generate productive changes, as well as increase the impact and citation of the published work (O Efeito do Acesso Livre).