Best Outsourcing Lawyers in Picarras

About Outsourcing Law in Picarras, Brazil

Outsourcing in Picarras, like in the rest of Brazil, is governed by a framework of federal laws and regulatory guidance. The core concept is terceirizacao, where a business contracts a third party to perform services or activities that would otherwise be done in-house. Local practice in Picarras often involves outsourcing for facilities management, IT support, security, and logistics.

Brazilian outsourcing rules balance flexibility for employers with protection for workers and customers. The main goal is to clarify when a service provider is responsible for labour obligations and when the hiring company remains liable. In Picarras, businesses should align outsourcing arrangements with federal standards and state guidelines to avoid liability gaps.

Why You May Need a Lawyer

• A local hotel in Picarras contracts cleaning and maintenance staff through a third party and needs to ensure solidarity liability does not leave the hotel exposed to unpaid wages or benefits. A lawyer can draft a robust contract and verify proper sub-contractor compliance.

• A Picarras startup handles sensitive customer data via an outsourced IT service. A legal counsel helps implement data protection measures under Brazil's LGPD and defines responsible parties in the contract.

• A school in the city outsources security services and requires clear SLAs, safety certifications, and procedures for incident handling to prevent coverage gaps during events.

• A manufacturing firm relies on multiple providers for maintenance work and seeks solid risk allocation so a single provider cannot shift all liability away from the company if an employee is injured.

• A local business wants to hire temporary workers through an agency and needs guidance on regulatory limits, wage rights and agency responsibility under CLT and the reformas de 2017.

• A Picarras company plans to offshore customer support while ensuring compliance with labour laws and union agreements that may apply to the outsourced workforce.

Local Laws Overview

Two foundational federal statutes shape outsourcing in Picarras. The first is the Lei de Terceirização, Lei 13.429/2015, which authorizes outsourcing of services including certain core activities under specific conditions.

The second key statute is the Reforma Trabalhista, Lei 13.467/2017, which updates the framework for labour relations and clarifies responsibilities when outsourcing is used in core activities.

Additionally, the Nova Lei de Licitações, Lei 14.133/2021, governs public contracting in Brazil including outsourcing arrangements with municipalities like Picarras. Public contracts must follow transparent procurement processes and risk allocation standards.

For data protection in outsourcing, the Lei Geral de Proteção de Dados Pessoais, LGPD, Lei 13.709/2018, applies to processing of personal data by both the contracting company and its service providers.

Lei 13.429/2015 autorizou a terceirização de atividades, incluindo a terceirização de atividades fim, sob determinadas condições de responsabilidade solidária entre tomador e prestador.

A Reforma Trabalhista esclarece a dinâmica entre empregadores diretos, prestadores de serviço e trabalhadores terceirizados, com emphasis em responsabilidades e normas de subcontratação.

A LGPD regula o tratamento de dados pessoais por pessoas físicas ou jurídicas, incluindo fornecedores contratados para processamento de dados de clientes.

Observação: além dessas leis federais, as práticas de terceirização devem considerar normas de segurança ocupacional (Normas Regulamentadoras) e eventuais acordos coletivos. Em Picarras, a aplicação prática depende de contratos bem estruturados e de supervisão adequada para evitar responsabilidade solidária indevida.

Frequently Asked Questions

What is outsourcing in Brazil and how does it apply in Picarras?

Outsourcing is contracting a third party to perform services. In Picarras, it follows federal rules, with local enforcement guided by CLT and municipal procurement norms for public contracts.

How do I hire a reliable outsourcing lawyer in Picarras?

Start with a local attorney who specializes in labour law and contracts, ask for case studies, and verify registrations with the OAB and Bar associations.

When did outsourcing become allowed for core activities in Brazil?

Core activity outsourcing was clarified by the 2017 reform, which allows more flexibility while maintaining accountability for labour obligations.

Where can I access official texts on terceirização?

Official texts are published by Planalto at planalto.gov.br and can be accessed for Lei 13.429/2015 and Lei 13.467/2017.

Why should I use a written contract for outsourcing in Picarras?

Written contracts define liability, data protection roles, SLAs, and termination terms, reducing disputes and liability gaps.

Can a contractor be held liable for workers of a service provider in Picarras?

In many cases there is solidarity liability of the tomador, but this depends on the contract terms and applicable labour laws.

Should we evaluate sub-contracting practices before signing an agreement?

Yes. Ensure the principal contractor monitors sub-contractors and that duties, standards, and oversight are clearly set.

Do I need to consider data protection when outsourcing IT functions?

Yes. LGPD obligations apply to both the contractor and supplier, particularly for personal data handling and security measures.

Is outsourcing different from temporary staffing or agency work?

Temporary staffing is regulated separately, with different rules on duration and assignment. Outsourcing generally covers ongoing service delivery.

How long do outsourcing contracts typically last in Brazil?

Contracts are usually set for 1 to 5 years, with renewal options. Each contract should specify termination triggers and notice periods.

How much does it cost to hire an outsourcing lawyer in Picarras?

Costs vary by complexity, but a basic contract review may start at a few thousand reais, with higher fees for full negotiation and ongoing counsel.

What is the difference between outsourcing and subcontracting in practice?

Outsourcing generally refers to contracting a service provider to perform functions for the client, while subcontracting involves a chain of suppliers for tasks within a project.

Additional Resources

• Planalto - Lei 13.429/2015 (Terceirização) and Lei 13.467/2017 (Reforma Trabalhista) - Official texts and updates on Brazilian law concerning outsourcing. https://www.planalto.gov.br/ccivil_03/_Ato2015-2018/2015/Lei/L13429.htm
• Lei Geral de Proteção de Dados - LGPD - Official text and guidelines for data protection in outsourcing contexts. https://www.planalto.gov.br/ccivil_03/_Ato2015-2018/2018/Lei/L13709.htm
• Ministério Público do Trabalho (MPT) - Guidance and supervision on workers' rights and outsourcing compliance. https://www.mpt.gov.br

Next Steps

1. Define your outsourcing goals and the services to be contracted. Create a one-page scope summary and list desired outcomes within 1 week.
2. Gather existing documents for review. Include current contracts, SLAs, payroll records, and any sub-contractor lists within 1-2 weeks.
3. Identify 3-5 local lawyers or law firms with outsourcing and labour law experience. Check references and verify OAB registration within 1 week.
4. Schedule initial consultations and prepare a standard set of questions about liability, data protection, and termination. Complete within 2 weeks.
5. Request engagement letters and a retainer proposal from selected counsel. Finalize fees and billing structure within 1 week after consultations.
6. Have the lawyer draft or review the outsourcing contract and data protection terms. Aim to finalize within 3-4 weeks.
7. Implement the contract, set up monitoring, and schedule a follow-up review in 6 months to address changes in law or operations.