CONTRACTING SERVICES WITH EXCLUSIVE DEDICATION OF LABOR IN THE MILITARY POLICE OF PARANÁ: PREVENTIVE MEASURES TO REDUCE THE RISK OF SUBSIDIARY LIABILITY

Abstract

The main objective of this work was to analyze the labor risks when hiring outsourced service providers and alternative solutions to mitigate the risks of liability for state military personnel who act as managers and supervisors of contracts of this nature. The methodology used was based on bibliographic, doctrinal and jurisprudential elements. The results achieved in the research revealed the need for precautionary actions by the public administration aimed at guaranteeing the faithful observance of contractual clauses of mutual obligations relating to workers' rights, considering the need to implement didactic actions as the main instrument capable of minimizing omissions and failures in procedures relating to the inspection of contracts that provide for exclusive labor, providing measures to avoid the attribution of subsidiary liability to the military administration. Thus, this study was justified due to the need to establish a scientific basis for the Corporation to use to implement proactive actions, in order to avoid damage to the treasury and subsidiary liability, and encourage debates and discussions regarding the subject. . Furthermore, it was concluded that the planning for the hiring and qualification of state military personnel assigned to the role of manager and supervisor proved to be good public administration practices, which ensured social justice for workers and for state military personnel responsible for managing and supervising the services contracted to be exempt from penalties arising from administrative omission in relation to labor obligations.