A precarização das relações de trabalho dos profissionais do setor de beleza à luz da lei 13.352/2016

Abstract

This monograph aims to demonstrate that Law 13.352/2016 created with the declared objective of taking professionals in the beauty sector from informality in the exercise of their activities, can serve, on the contrary, to legalize the scenario of precariousness in which part of these professionals work. Thus, a relevant part of these professionals may have been seduced by the discourse of false entrepreneurship, a practice adopted by neoliberalism that aims to reduce the tax burden, as well as labor rights, among others. In this context, the study will examine the partnership contract in general, as well as the essential elements of the employment relationship. In addition, we will approach the institute of so-called pejotization, since, for the conclusion of the partnership contract, the professional of the beauty sector will have to constitute a registration as an individual microentrepreneur, according to the legislation under analysis. To this do so, it is necessary to distinguish what is an employee and self employed worker, since the partnership contract is a contract of a civil nature that is distinguished from an employment contract. In addition, we highlight the importance of the principle of the primacy of reality, as well as the need to review the concept of subordination in the face of these new contractual relationships. Thus, in certain specific cases, in the present case of the requirements of an employment relationship, the employment relationship of the beauty professional may be recognized. Thus, in certain specific cases, in the present case of the requirements of an employment relationship, the employment relationship of the beauty professional may be recognized. Thus, we analyze jurisprudence of the Regional Labor Court of the 6th. Region (hereinafter TRT-6ª Region) and the Regional Labor Court of the 2nd Region (hereinafter TRT-2nd Region) with the scope of verifying how these labor courts have been deciding on the recognition of the employment relationship of beauty professionals hired through the partnership contract. We also reviewed the ADI 5625 trial.