Uberização e o transporte remunerado particular individual de passageiros: uma análise crítica sob a ótica do direito sobre o desligamento automático dos motoristas de aplicativos digitais no município de Fortaleza

Abstract

The purpose of this paper is to analyse the employment relationship between the private passenger driver and the companies Uber and 99. For that, a brief explanation about uberisation (a term created to refer to the business model developed by Uber) is made, speaking of its emergence, its operation, its regulation in Brazil and, more specifically, in the city of Fortaleza; and its relationship with passengers and drivers. After that, an analysis is made of the relationship established between the driver and the company in the scope of Labour Law, verifying the possibility of employment relationship in this contractual relation. In this matter, we try to ponder arguments against the recognition of the bond based on the Principle of the Primacy of Reality. The contractual termination of the aforementioned relationship in the civil scope is then verified, analysing the irregular way in which drivers are disconnected from the digital platform, and how this violates legal provisions and even fundamental guarantees, such as the right to adversarial proceedings and the right to a fair hearing. It is concluded that the working model which the driver is subjected to and the way in which his contract is terminated by the company put workers' rights at risk, and it is up to Brazilian Law professionals to find legal formulae that allow them to safeguard essential rights to the dignity of the worker, in this particular case, that of the driver. In order to achieve the purposed goal, a bibliographic research was carried out in books, articles, news, judicial orders and legislation related to the subject. In addition, interviews were conducted with drivers who were excluded from these digital platforms, in order to illustrate the facts discussed throughout this paper.