Violação dos direitos sociais por meio do uso fraudulento das cooperativas de trabalho

Abstract

The protection regulatory structure that covers the worker, which aims to humanize and give social and ethical content to the benefit that comes from the capitalist activity, is often attacked by the corporate community, which seeks, in any way, to reduce costs through basic and fundamental labor rights resulting from a historic constitutional process. One of the subterfuges used was the fraudulent creation of cooperative companies of workers in order to denature a real job where the employer simulates this relationship through a service contract with the cooperative company of workers, which is the intermediary in the workforce, denying all principles of cooperativism. The research uses a methodology of qualitative analysis using the methods of hypothetical approach - deductive of descriptive and analytical character, having as background the analysis of new legal provisions of Act 12.690/12, created by the regulatory framework of cooperative work.