The "Outsourcing" in the Public Sector: the use of law and legal meanings of words in the context of the Extraordinary Appeal No. 760.931/Brazilian Federal District.

Abstract

This article highlights important elements of the theory and practice of "outsourcing" employees and their working conditions. Therefore, this paper analyzes management contracts or partnership agreements, enforcement of support services, and replacement of jobs in core activities between public and private entities of Private Law. Moreover, this paper analyzes important consequences of the outsourcing of jobs from a normative and historical context, as well as from various viewpoints of extension and the expansion of this problem in modern-day Brazil. Furthermore, utilizing the Bourdieu approach, this study investigates cautiously the role of the State and Law as instruments needing human interpretation. In light of this, this research analyzes the decision of the Extraordinary Appeal n. 760.931/DF and utilizes the hypothetical-deductive method, whereupon testing the "satisfaction of efficiency and modernity" hypothesis through outsourcing contracts, which have social and legal impacts.