Contrato de Prestação de Serviços a Terceiros Template for Brasil

A Contrato de Prestação de Serviços a Terceiros is a fundamental legal document in Brazil that formalizes outsourcing relationships between businesses. This contract establishes the terms under which one company (contratante) engages another company (contratada) to provide specific services, ensuring compliance with Brazilian labor and commercial law. The document is essential for creating legally sound outsourcing arrangements that protect both parties while meeting regulatory requirements established by the 2017 Labor Reform.

When do you need this document?

You need this contract whenever your business plans to outsource services to third-party providers in Brazil. This includes situations such as hiring cleaning companies, security services, IT support, accounting firms, or any specialized service provider. The contract is particularly crucial when engaging services that could be considered core business activities, as the 2017 Labor Reform expanded the scope of permissible outsourcing. You also need this document when renewing existing outsourcing arrangements to ensure they comply with current legislation. Government entities and public companies require this contract for any third-party service engagement under Lei 8.666/1993.

Key legal considerations

Several critical legal aspects must be carefully addressed in your service contract. The scope of services must be precisely defined to avoid disputes and ensure the arrangement doesn't characterize an employment relationship disguised as outsourcing. You must establish clear performance indicators, quality standards, and service level agreements to protect your business interests. The contract should address liability allocation, particularly regarding labor obligations and potential subsidiary liability under Súmula 331 of the Superior Labor Court. Include termination clauses that specify notice periods, penalty provisions, and procedures for contract resolution. Payment terms must be clearly established, including invoicing procedures, payment schedules, and any penalty clauses for late payment. Confidentiality and data protection provisions are essential, especially when services involve access to sensitive business information.

Legal requirements in Brasil

Brazilian law imposes specific requirements that your contract must satisfy to be legally valid and enforceable. Under Lei 13.467/2017, you must ensure the outsourcing arrangement is genuine and not a disguised employment relationship. The contract must clearly demonstrate that the service provider operates independently, uses its own equipment, and maintains technical and administrative autonomy. You're required to verify that the service provider maintains proper labor compliance, including employee registrations, salary payments, and social security contributions. The contract must include provisions addressing your subsidiary liability for labor obligations in case the service provider defaults. Under the Civil Code, you must establish clear mutual obligations, consideration, and lawful purposes. For contracts exceeding certain values or durations, specific formalities may apply. Public entities must ensure compliance with Lei 8.666/1993, including proper bidding procedures and contract registration requirements. The agreement should also address intellectual property rights, especially when services involve creation or access to proprietary information.