A Lei 13.352/2016 e os impactos jurídicos nos contratos de parceria entre profissionais e os salões de beleza: repercussões imediatas e mediatas

Abstract

This paper presents an analysis of the legal impacts brought by law 13.352 / 2016, which deals with partnership contracts, implying changes in the relations between existing among professionals who perform activities related to beauty salons, making an approach on the tenuity that can exist between Labor Law and the Business Law. First, a theoretical basis will be built in which differences between the labor and the business sector addressing its principles, characteristics and objectives, in addition the definition of employee and entrepreneur. Then it will be brought the historical jurisprudence, which led to the drafting of the law 13,352 / 2016, with the main points of view that led to conflicting decisions, sometimes pro-worker, sometimes pro-entrepreneur. Finally, based on the assumption that the Law came into force and places professionals and beauty salons in a new legal circumstance, it is questioned whether it is possible in the the validity of such a situation, questioned by the Supreme Court through of direct action of Unconstitutionality, that is in advanced stage of judgment, due to their relevance. But even before the trial, it is possible to note the changes that are occurring with the validity of this law in its first months, there is already a relevant repercussion.