O reconhecimento da relação de emprego decorrente do desvirtuamento do contrato de estágio no Brasil
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Date
2020-12-16
Journal Title
Journal ISSN
Volume Title
Publisher
Universidade Católica do Salvador
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.
Description
Keywords
Estágio, Desvirtuamento, Vínculo empregatício, Internship, Misrepresentation, Employment relationship