Terceirização e acidentalidade (morbidez) no trabalho: uma estreita relação que dilacera a dignidade humana e desafia o direito

Abstract

The economic-historic method actually, the dialectic historical materialism explains the dynamics of global capitalism, which is hunger for increasing profit rates as an attempt to overcome its structural crisis. Calling on outsourcing rekindles discussion on the economic systems urge to generate social destitution without reflection or any limits. It is inherent to the capitalism to deny economic contradictions and use new methods of exploiting and oppressing laborers. In such context, outsourcing integrates the productive dynamics to solve two issues that are troublesome to the bourgeoisie: increasing capital accumulation and defeating its political antagonist. In Brazil, due to the characteristics of its capitalism (dependent, hyperlate and originated from a colonial-proslaver model), outsourcing enters the market aggressively, underpinning the historical overexploitation of work, which occurs to peripheral capitalist countries. This dissertation seeks to analyze the relationship between outsourcing and rates of accidents at work (occupational morbidity), evaluating in a critical way, from the standpoint of Sociology and Law the influence of the fragmentary business management of production chain on health and on labor human dignity. Through the analysis of data from several sources, we show that there is a high level of deterioration of working conditions of those outsourcing employees. The precarious working conditions lead to drastic salary reduction of bank clerks, syndical fragmentation, violation of immaterial rights, contemporary slave labor in several areas (construction services, textile industry and rural work) and deaths and mutilations of those who work at electricity sector, oil industry and construction services. Even considering the limits of bourgeois democracy, the national and international legal systems are wholly incompatible with any kind of outsourcing at employment relationships, at least from the standpoint of labor Human Rights. Worsening this scenario, there are elements able to confirm the tendency to avenge the pressure of capitalism on the branches of government in order to regulate and broadly authorize outsourcing at any economic activity, even the companys core activities. To do so will legitimate and seriously increase violations of Human Rights with the backing of the government, which has the constitutional task of protecting them.