INTERNSHIP OR EMPLOYMENT? THE DISTORTION OF THE LAW AND THE RECOGNITION OF THE EMPLOYMENT RELATIONSHIP

Abstract

This study analyzes the application of Law No. 11.788/2008, known as the Internship Law, highlighting cases in which its use is distorted to mask employment relationships. The research demonstrates that many granting companies use internships as a way to reduce costs and obtain cheap labor, deviating from the pedagogical purpose foreseen by law. In this aspect, based on doctrine, jurisprudence, and legislation, it is shown that, in fraudulent cases, it is possible to recognize the employment relationship, imposing on the employer the payment of labor and social security benefits.