Análise sobre a possibilidade de reconhecimento de vínculo empregatício entre motoristas de aplicativo e a UBER: a necessidade de prevalência do patamar civilizatório mínimo

Abstract

Uberization reflects a radical change in employment relations, introducing flexible and on-demand employment models. By prioritizing autonomy and convenience, platforms like Uber are challenging traditional employment structures, opening up space for the so-called gig economy. This phenomenon raises critical questions about workers' safety and rights, since many are left unprotected by the lack of adequate labor regulations, highlighting the need to rethink labor policies in the face of the transformations driven by the digital economy. The concept of a minimum level of civilization in labour doctrine states that fundamental and labour rights must be preserved, tackling the distortions proposed by capital and guaranteeing minimum parameters for workers' dignity. The focus is on the protection of the hyposufficient worker from the adversities of the employment relationship. The paper proposes an in-depth analysis of labor regulations, with an emphasis on the Brazilian context, addressing principles, guarantees, criteria for determining the employment relationship and the role of the Specialized Courts in protecting workers. It then investigates the impact of digital work platforms, with special attention to those dedicated to ride-hailing services, such as Uber. The final objective was to examine whether the working relationship between registered drivers and the Uber platform is an employment relationship under Brazilian labor law. This led to the conclusion that it is possible to recognize an employment relationship, both in the classic conception and in other conceptions brought from foreign doctrinal systems, which are discussed throughout the paper. The study aims to contribute to understanding the transformations in labor relations in the context of the digital economy, seeking to identify possible challenges and solutions to preserve the rights and dignity of the workers involved in this new labor paradigm.