Uberização do mercado de trabalho: um estudo a partir das divergências jurisprudenciais dos Tribunais sobre o reconhecimento do vínculo empregatício e a garantia de direitos.

Abstract

In recent years, with the advance of neoliberalism, new forms of work have also emerged, generating debates about whether or not there is an employment relationship in accordance with current legislation. Based on this scenario, the present work aims to investigate the direction of the jurisprudence of Brazilian Courts regarding the recognition of the employment relationship of app workers people. The problem arises with the process of uberization of work, in which the provision of some services began to be intermediated by online platforms, which, in theory, would remove the subordination of the relationship between employee and employer, thus distorting the employment relationship. To understand the phenomenon, a qualitative methodology was adopted, based on a bibliographical survey of academic productions on the subject, as well as research on news portals about claims for recognition of the employment relationship by Brazilian workers drivers, as in the episode of “Breque dos Apps”; Finally, through legal and jurisprudential analysis, the main decisions that had an impact on the topic were sought, pointing out arguments both favorable and unfavorable to the recognition of the employment relationship.