Desafios à proteção jurídica dos trabalhadores de plataformas digitais ante os princípios da ONU sobre direitos humanos e empresas: o capitalismo humanista

Abstract

The research theme is the internationalization of Law, arising from the advancement of the globalization process and the emergence of new technologies, analysing the need for ethical and social behavior of transnational corporations, in the exercise of their business activity, respecting human rights, in particular, in the case of the working relationship between application workers and as companies, which act in an organizational form of digital platforms. Emphasis is placed on research or work on transnational digital platforms, reflecting on the need for a new rationality, outside the scope of International Law, Labor Law and Economic Analysis of Law, in order to achieve effective protection and harmonic to the Human Rights of Work. The research encompasses the debate on work in the gig economy, which brought numerous challenges to the protection of the Human Rights of platform workers, given the new social, economic, political and legal context of the 21st century. It is demonstrated that the Labor Law, at the national level, is not sufficient to guarantee a minimum of rights to digital workers, not keeping up with the changes in the organization of work arising in contemporary times. It seeks to verify, among the challenges to the legal protection of the application worker, which alternatives would guarantee adequate legal protection, at national and international level. It analyzes the current situation of digital workers, at the national level, who persist in a legal limbo, outside the protection guaranteed by the Labor Law, without even a guarantee of basic rights, such as the guarantee of a healthy working environment, a limitation of the working day, to a minimum wage. At the international level, although there is an entire legal framework for the protection of Human Rights, such as the UN Principles on Human Rights and Business, we see that transnational corporations often violate such rights, including in the labor sphere. The theory of humanist capitalism and the ideals of legal cosmopolitanism are the basis of this work in order to find a harmonious existence between capital and the human; between the pursuit of profit and ethical and social behavior that garantees respect for social human rights. It is necessary to establish a paradigm shift, a new rationality, through Humanist Capitalism, in a cosmopolitan view, in order to ensure that any worker has access to decent work, with decent working conditions and fair remuneration, with the human being as the end and not the means to existing resources. It is the Law as a tool for the humanization of the economy. Taking advantage of Miguel Reale´s legal three-dimensionalism, understanding Law as a fact, value and norm, Law as a social science that relates to reality, must accompany the social and technological transformations that have been taking place, transforming itself internally. A bibliographic research methodology is used, with literature review, through the analysis of books, legal articles, international documents, legislation and court decisions, in addition to the mapping of news. The research is of a quali-quantitative nature, with a descriptive and exploratory purpose.