THE VOLATILITY OF EMPLOYMENT CRITERIA IN THE CONTEXT OF THE LEGALIZATION OF PEJOTIZAÇÃO IN BRAZIL FROM THE PERSPECTIVE OF CLASS LOGIC

Abstract

This article addresses the volatility of employment criteria in the context of the legalization of pejotization in Brazil, in light of class logic in Law. Initially, the study explores the concept of logic in Law, highlighting its importance in the construction and interpretation of legal norms. It then analyzes the application of class logic within Labor Law, emphasizing how this approach contributes to the systematization and understanding of labor relations. The article progresses by discussing class logic in the employment relationship, focusing on the traditional criteria that define the employment link, such as subordination, personal service, continuity, and remuneration. Based on this foundation, a correlation is drawn between the volatility of these criteria and the issue of pejotization, demonstrating how flexibility in the application of legal norms can be used to justify the legalization of this practice in Brazil. Finally, the article offers a critique of the impacts of this interpretation, pointing out the risks of excessive flexibility in employment criteria, which, by allowing the legalization of pejotization, weakens worker protection and contributes to the precarization of labor relations. The analysis suggests that, despite potential advantages for employers, the legalization of pejotization, justified by the volatility of the criteria, generates legal uncertainty and undermines the fundamental rights of workers in Brazil.