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Outsourcing: Plenary sets limits of Public Administration responsibility

Thursday, March 30, 2017

The Plenary of the Brazilian Federal Supreme Court (STF) concluded on Thursday (30), the judgment of the Extraordinary Appeal (RE) 760931, with general acknowledged repercussion, which discusses the subsidiary responsibility of the public administration for labor charges generated by the outsourced companies default. With the vote of justice Alexandre de Moraes, the Union's appeal was partially granted, confirming the understanding, adopted in the Action of Constitutional Declaration (ADC), 16 which prohibits automatic accountability of the public administration, and only if it is condemned  if there is unequivocal proof of their omissive or commissive conduct in the supervision of contracts.

At the conclusion of the trial, the president of the STF, justice Carmen Lúcia, recalled that there are at least 50,000 lawsuits awaiting the decision of the case paradigm. In order to establish the thesis of general repercussion, the justices decided to study the proposals presented to arrive at the final wording, to be evaluated in a timely manner.

Tie breaker

Justice Alexandre de Moraes took part in the vote, that was suspended on February 15 to await the vote of the successor of justice Teori Zavascki (deceased).

Leia mais:
30/03/2016 - Terceirização: Plenário define limites da responsabilidade da administração pública

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