O reconhecimento da relação de emprego decorrente do desvirtuamento do contrato de estágio no Brasil

Abstract

The purpose of this article is to demonstrate, through the jurisprudential analysis of the labor courts, the possibility of the distortion of the internship relationship, which will occur at the moment an educational relationship is used to defraud rights. Ratifying how much supported throughout this article, the approach method used for its construction was the hypothetical deductive one, once its pillar was given through the use of doctrines, scientific works, legislation and jurisprudence of some higher courts. The principles of protection and primacy of reality were examined beforehand; then, the difference between the labor relationship and the employment relationship was demonstrated; consequently, the requirements of the employment relationship were discussed; Necessarily, there was a brief analysis of the law that regulates the internship relationship in Brazil; Finally, the study focused on the jurisprudential understanding of the labor courts regarding the distortion of the internship contract.