Análise crítica sobre as fraudes de documentos essenciais na gestão da relação de emprego

Abstract

This work provides a critical analysis of fraud involving essential documents in employment relationship management, demonstrating that labor documentation is not merely bureaucratic but serves as an indispensable instrument for the realization of labor rights and the legal certainty of the employer. It is evident that documents such as the Employment Record Book (CTPS), employee registries, time-tracking records, and pay stubs are fundamental to the establishment, maintenance, and termination of the employment bond, fulfilling both protective and evidentiary functions. The study examines modalities of fraud such as the absence or falsification of entries in the CTPS, the dissimulation of the employment relationship through civil contracts (pejotização), the manipulation of time cards, and the tampering of pay stubs— practices aimed at frustrating rights and masking the reality of the services rendered. It analyzes the importance of Article 9 of the CLT (Consolidation of Labor Laws) and the principle of the primacy of reality as tools to combat these illegalities, ensuring that the truth of the facts prevails over documentary form. The monograph also addresses the social and economic factors that favor informality in Brazil, recognizing that both employers and employees may, in certain situations, contribute to illicit conduct. Finally, it presents proposals for prevention and control, such as strengthening inspections, utilizing technologies like eSocial, and implementing labor compliance programs. It concludes that documentary integrity is indispensable for the dignity of the worker, the preservation of the company's social function, and the construction of fairer and more transparent labor relations.