Precarização do trabalho e direitos fundamentais: uma análise sócio-filosófica da jurisprudência do Supremo Tribunal Federal sobre o trabalho plataformizado no Brasil

Abstract

Analyze the jurisprudence of the Brazilian Supreme Federal Court regarding platform work in Brazil, investigating how the Supreme Court's decisions have contributed to the precarization of labor relations. The research acknowledges that labor rights, historically conquered by the working class and established in the 1988 Federal Constitution, have been systematically flexibilized through interpretations that prioritize free enterprise over the social value of work. The methodology employed consists of an interdisciplinary literature review, articulating contributions from Labor Law, Sociology, and Political Philosophy, combined with documentary analysis of paradigmatic decisions issued by the Supreme Court on outsourcing, prevalence of negotiated agreements over legislation, and recognition of employment relationships in digital platforms. The results demonstrate that between 2007 and 2025, the Supreme Federal Court operated a jurisprudential inflection that deconstructed fundamental pillars of the Brazilian labor protection system, legitimizing unrestricted outsourcing, broad prevalence of collective bargaining over legal guarantees, and emptying the Labor Court's jurisdiction. It is concluded that this jurisprudential orientation, grounded in neoliberal premises, compromises the effectiveness of fundamental social rights and deepens the vulnerability of uberized workers, demanding an interpretive reconfiguration that restores the centrality of the principle of human dignity in labor relations.