A Construção Sociojurídica da Pejotização e o Espírito do Capitalismo.

Abstract

The Brazilian Law Labor product of correlation existing forces between social classes began to be institutionalized in the 1930s, with the object of protection of the employment relationship. Despite this relationship has not been hegemonic in Brazil, as always coexisted with other forms of occupation, such as self-employment, this has shown impressive growth during the period from 1930 to 1980. And over the years this social legal branch was being accompanied by different spirits of capitalism, corresponding to different modes of regulation of labor relations. Thus, the Labour Law in the course of his journey was going through stages of expansion and retraction, suffering influences of an economic factors, political, technical, managerial and social highly complex. And at the beginning of the 1980s the labor market in Brazil begins to go through transformations, a situation which intensifies in the 1990s before the neoliberal ideology of globalization, productive restructuring and deepening of working relationships more precarious and flexible. A new labor universe is formed, "new" labor relations called "atypical" are created and re-created to meet the demands in the new organization of work and the new ideology of work, in a scenario marked by the hegemonic struggle between the second and third spirit of capitalism, each in defense of their values, social and economic. In this melting pot emerges in Brazil “pejotização”, this study object, type of working relationship in which an individual constitutes a legal person to provide very personal service on the basis of a civil contract. One way to make human work without the presence of the guarantees inherent to the employment relationship, since there is elimination of wage condition and may emerge in precarious rights. Gradually the theme begins to be discussed in legal and labor subfield with the conflict between two legal categories that reflect the clash between the second and the third spirit of capitalism. On the one hand the employment relationship protected by the labor law with that of the hipossuficiente worker figure, design valued by the second spirit of capitalism. On the other the self-employment relationship, characterized by the contract to provide services, relationship governed by Civil Law, with the prevalence of equality between the two contractors, design aligned to the characteristic design of the third spirit of capitalism. However, as yet there is no law regulating the “pejotização” as employment relationship in the legal and labor subfield agents that make up the labor courts, judges, associates judges and ministers, symbolic power holders, who are uttering the final word about the “pejotização”. Thus, this research aimed to analyze the “pejotização” as an institute that was (re) constructed culturally and socially in the Brazilian context and to enter the Labor Court discussion of field can lead to its legal construction and thus also come to legitimize the political and social discourse enterprising individual himself. To understand the theme empirical research included the jurisprudential analysis of the Superior Labor Court - TST and the Regional Labor Court of the 4th Region -. TRT 4th/RS, and semi-structured interviews with labor judges from the Rio Grande do Sul. And the work study pointed to two schools of thought: one that emphasizes the protection, security, seeking to avoid the instability and uncertainty in working conditions, characteristics of a society that seeks to build social ties, and one that emphasizes freedom, autonomy, equality, mobility, characteristics of an individualistic society, living with risks.