A evolução das relações de trabalho no Brasil e os desafios da GIG economy: entre a proteção do trabalhador e a evolução tecnológica

Abstract

Labor relations have evolved throughout history, from a perception that treated labor as punishment and reduced human labor to a mere tool, to a conception that sees work as a means of dignifying the human being, making it a cornerstone of the Brazilian legal system. In the field of law, various protections have been established with the aim of safeguarding the vulnerable party in the employment relationship, that is, the worker. However, the dominant class has historically sought, and continues to seek, to undermine these protections in favor of profit and economic growth, leading to the ongoing precarization of labor. In the 21st century, with the advent of Industry 4.0 and its technologies, new forms of labor precarization have emerged, often disguised as innovation. Within this context, the expansion of the Gig Economy is observed, based on autonomous and flexible work in a digital environment, promoted under the discourse of worker empowerment, although it often represents another form of informal and precarious labor. This study aims to analyze the contours of the Gig Economy by examining two of its key modalities: platform-based work (uberization) and microtasking, in light of the principle of human dignity and Brazilian labor law. Through qualitative research and a bibliographic and jurisprudential approach, it was found that in these platform-mediated jobs, the platforms, though presenting themselves as neutral intermediaries, in fact exert algorithmic control over workers, reducing their autonomy and obscuring employment relationships. Thus, a contradiction emerges between the platforms' discourse and reality, confronting autonomy with subordination, and flexibility with long working hours. These factors, combined with the absence of labor rights, leaving workers to bear the risks and responsibilities of the activity, pose significant challenges for labor law in ensuring human dignity and the protection of workers.