Entre a autonomia e a subordinação: a jurisprudência e a doutrina frente à pretensão de reconhecimento de vínculo empregatício de trabalhadores informais

Abstract

Although Labor Law is going through a period of intense attacks, in the legal systems of several countries, wage employment is still the most solid vector of social and legal insertion within the capitalist system. This fact becomes evident when one realizes the precariousness and vulnerability of millions of informal workers around the world, with their existence marked by legal marginalization. Reflecting on the possibilities of social and legal inclusion of these workers, by the incidence of norms and policies of social protection, especially those of Labor Law, many ways are possible. Being a heterogeneous group, there are informal workers who are, in fact, autonomous, and there are those who, being employed, coexist with the lack of formalization of their employment bond. In this context, the present research seeks to contribute to this debate, drawing a panorama of the arguments that have been used by jurisprudence - more precisely by the Regional Court of the Third Region – in the treatment of the subject, as well as to delineate which understandings and concepts have been adopted and elaborated in its judgments. Thus, through the analysis of how the jurisprudence has dealt with the claim of recognition of the employment relationship of informal workers that could potentially have this guaranteed social protection, this research aimed to contribute to the studies on Informal Work, clarifying and suggesting interpretive ways, within the current law, that can contribute to the guarantee of social protection of these marginalized and excluded groups.