O vínculo empregatício no mundo tecnológico e o conflito de interesses que o circunda: a busca por uma solução a partir de análise do “caso Uber”

Abstract

The core of this article is to analyze the conflict of interests that surrounds the employment relationship in the technological world, especially regarding the services requested by clients through smartphone applications. This analysis is based on the "UBER case", a theme that has already been widely debated among lawyers around the world. A solution to the problem of "uberização" could perfectly fit similar cases. The aim is to anticipate a solution for possible future problems among employment relationship. For this, the implicit requirements of the Articles 2º and 3º captions of the “Consolidação das Leis do Trabalho”, Law Nº. 5.452 of May 1, 1943, are respected, considering the changes by the Labor Reform, Law nº 13.467 of July 13, 2017. The instructions of Provisional Measure Nº. 808 of November 14, 2017, are also considered, which, even though its validity had finished due to legislative inertia, brought the regulations of the intermittent labor contract, which will be used as a sketch to elaborate a new employment contract. In order to do this, it is important to have an overview of the impacts caused by the provision of services, rooted in the technological advance in several sectors of society, each with very distinct interests, but all of them relevant and worthy of careful attention.