A responsabilidade subsidiária da Administração Pública após o Tema 1.118 do STF: ônus da prova, culpa in vigilando e os limites do dever de garantir condições de salubridade na terceirização

This article examines the constitutional requirements governing the subsidiary liability of public authorities for labor obligations owed by outsourced contractors, with particular attention to the Brazilian Supreme Federal Court’s binding precedent in Theme 1,118 (Extraordinary Appeal 1,298,647). Based on doctrinal, statutory, and case-law research, it analyzes the burden of proving negligent contractual oversight, the relevance of formal notification, and the independent duty to ensure occupational safety, hygiene, and health conditions. Special attention is given to occupations in which exposure to hazardous agents is intrinsic to the work, even when legally required preventive measures are in place. It argues that recognition of hazardous working conditions does not, by itself, prove negligence on the part of the public contracting authority or automatically transfer the employer’s duty to pay hazard allowances. Conversely, inherent occupational risk does not excuse failures to provide appropriate protection. Any finding of liability must identify the applicable legal duty, the relevant conduct, and the supporting evidence.