Freelancers e a pejotização das relações de trabalho em empresas de tecnologia: análise do caso iFood e as implicações sociais e jurídicas para entregadores e empresa

Abstract

This study examines the phenomenon of “pejotização” (the practice of hiring workers as legal entities instead of formally employed individuals) in technology companies, focusing particularly on the case of iFood. Beginning with a historical overview of labor relations in Brazil, it discusses how the Consolidation of Labor Laws (CLT), originally devised under an industrial framework, faces challenges in regulating hiring practices mediated by digital platforms. The theoretical analysis addresses the concept of “pejotização,” the key elements of employment relationships, and the emergence of the gig economy, highlighting the implications of so-called algorithmic subordination. The research centers on iFood’s operational model, explaining how, in practice, workers are categorized as freelancers or legal entities (MEIs). Judicial decisions on the subject are reviewed, along with the social consequences of a system in which workers bear most of the costs and risks without access to basic rights under the CLT. Findings indicate that the lack of specific regulations for platform workers generates precarious conditions and legal uncertainty. This underscores the need for either legislative reform or novel judicial interpretations. Consequently, this study contributes to the debate surrounding the proper protection of labor in the digital era, aiming to balance technological innovation, business competitiveness, and social welfare.