Primazia da realidade versus autonomia contratual : a atuação do STF e a definição da competência jurisdicional em demandas de natureza trabalhista oriundas de contratos civis com caráter de pejotização

Abstract

Over the past decades, the phenomenon of labor “pejotization” has assumed a central role in Brazilian legal debate, particularly due to its impacts on labor protection and on the definition of judicial jurisdiction. In this context, this monograph examines the controversy surrounding the competent jurisdiction to adjudicate disputes arising from civil contracts that conceal elements of an employment relationship, in light of the tension between contractual autonomy and the principle of the primacy of reality, with particular emphasis on the role of the Federal Supreme Court within the framework of General Repercussion Theme 1389. The study seeks to assess whether the Labor Courts remain constitutionally competent to hear such claims when the factual and legal circumstances reveal typical features of an employment relationship, as well as to analyze the legal and procedural criteria that should guide the allocation of jurisdiction between different branches of the Judiciary and the effects of this reallocation on access to justice and the effectiveness of labor protection. To this end, the research adopts a qualitative approach, based on bibliographical, documentary, and jurisprudential analysis, guided by the deductive method and a critical examination of constitutional case law and normative foundations relevant to the issue.