Do uso fraudulento das cooperativas de trabalho no Brasil

  • Rocco Antonio Rangel Rosso Nelson Instituto Federal do Rio Grande do Norte-IFRN
DOI: https://doi.org/10.18543/dec-5-2014pp135-153
Keywords: work cooperatives, fraud, employment relationship, fulfillment of social rights

Abstract

The normative framework that covers the protective worker, which has the purpose of humanizing and ethical content to the social profit from the capitalist activity is constantly attacked by entrepreneurs seeking in every way to reduce costs with the basic rights/fundamental labor, the result of a historical process of constitutionalization. One of the subterfuges used has been the creation fraudulent labor cooperatives, in order to denature a true employment relationship where the employer simulate this relationship through a contract of service with the cooperative, which is a intermediate hand labor, against all tenets of cooperative axiological. Research on screen makes use of a methodology for qualitative analysis, using the methods of approach hypothetical-deductive, descriptive and analytical, with the background to analyze the new normative provisions of Law n.º 12,690 of 2012, which created the milestone regulatory cooperative work with aim to provide clarity on the legal relationship between the contractor and the contractor in order to distinguish the employment relationship and the relationship of service made by a cooperative, so as to discourage the abhorrent practice of coloring the cooperative.

Received: 10 January 2014
Accepted: 17 September 2014

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Author Biography

Rocco Antonio Rangel Rosso Nelson, Instituto Federal do Rio Grande do Norte-IFRN

Especialista em Direito e Cidadania pela Escola Superior do Ministério Público. Especialista em Direito Penal e Criminologia pela Universidade Potiguar. Mestre em Direito Constitucional pela UFRN. Ex-professor do curso de direito e de diversos cursos tecnológicos e da pós-graduação do Centro Universitário FACEX. Professor de Direito do Instituto Federal do Rio Grande do Norte-IFRN.

Published
2021-03-10
How to Cite
Rangel Rosso Nelson, Rocco Antonio. 2021. “Do Uso Fraudulento Das Cooperativas De Trabalho No Brasil”. Deusto Estudios Cooperativos, no. 5 (March), 135-53. https://doi.org/10.18543/dec-5-2014pp135-153.
Issue
No. 5 (2014)
Section
Articles

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