346.8
The Relationships Between the Executive and Legislative Powers in Brazil and the National Policy of Decent Work: An Analysis of the Law of Outsourcing.

Wednesday, 13 July 2016
Location: Hörsaal 5A G (Neues Institutsgebäude (NIG))
Distributed Paper
Carla Regina DIEGUEZ, Fundacao Escola de Sociologia e Politica de Sao Paulo, Brazil
In 2003, Brazil established a deal with the International Labour Organization to develop a Decent Work Program. The Decent Work definition supposes access to productive jobs, with good earnings and social protection, permeated by gender, race and age equality, and the stimulus to social dialogue. Since then, the Brazilian Executive, supported by employers and workers, pull out efforts to convert the definition in to policies, instituting an Agenda and a National Plan of Decent Work, with the intention to progress to a National Policy of Decent Work.

In contrast, a few actions in the Legislative indicate opposite positions. In 2004, the congressman Sandro Mabel (PMDB) submitted the law project in order to regulate the outsourcing in Brazil, in all labor activities, including the central activities in a company. Currently, in Brazil, the outsourcing is allowed only in non-central activities, such as security and cleaning. The law project, was removed from the Legislative agenda in 2014, coming back to the Legislative agenda in 2015, now being debated in the Federal Senate. 

The law project is supported by employers, with the main argument that outsourcing will allow job rises. In the other hand, the workers are against the law project, considering that outsourcing reduces labor rights and rises the labor insecurity.

This paper aims to analyze the relationship between the Executive and Legislative powers in the regulation process of outsourcing and their consequences to maintain the Decent Work in Brazil. It will seek to show, based on the analysis of the law project of outsourcing and of the congressmen discourses and the Executive representatives discourses, the relationship between outsourcing regulation and the precarious labour relations and how this relation affects the National Policy of Decent Work, conducted by the federal Executive since 2003.