A relação jurídica entre clínicas odontológicas e profissionais de saúde como prestadores de serviço: análise da parceria autônoma e risco de reconhecimento do vínculo empregatício à luz do Tema 725 do STF

Abstract

The present investigation is devoted to examining the validity of autonomous contracts entered into by dental clinics, taking as a parameter the binding thesis established by the Federal Supreme Court in the judgment of Theme 725 of general repercussion. The choice of this research object is justified by the progressive expansion of this contractual model and the multiplication of judicial claims seeking the requalification of civil agreements as employment bonds, with potential impacts on legal certainty and on the business structure of clinics. The general objective of the study is to analyze the validity of autonomous contracts signed between dental clinics and health professionals. Moreover, based on the Supreme Federal Court’s precedent in Theme 725, the research aims to identify the limits of such contractual arrangements, seeking to prevent litigation and to harmonize the constitutional values of free enterprise and the dignity of labor. The central hypothesis is that autonomous contracting, when supported by genuine technical, administrative, and economic independence of the professional, constitutes a lawful and legitimate practice that does not trigger the incidence of the CLT regime. However, the identification of elements characterizing an employment relationship entails, under Article 9 of the CLT, the nullity of the civil contract and the consequent recognition of the labor bond. Methodologically, the research is grounded in a literature review, in order to identify normative and jurisprudential parameters guiding the distinction between valid civil partnerships and fraudulent labor arrangements. The findings demonstrate that the validity of the autonomous partnership requires strict correspondence between the contractual form and the factual reality, so that only the effective preservation of the professional’s independence ensures the legitimacy of the agreement, guaranteeing legal certainty and preventing labor liabilities