O fenômeno da uberização: a (in)existência de vínculo empregatício e a precarização dos direitos trabalhistas

Abstract

This article aims to analyze the phenomenon of “uberization” and the consequent precariousness of the workforce on digital platforms. The main factor is the lack of employment relationship between the app and its colaborators. Technological innovations brought by digital platforms, in spite of its benefits (facilitating access to urban mobility and real-time information), on the other hand, institute a new form of job insecurity, which is masked by the “autonomy” of drivers, often called “self-management”. The present article has a theoretical character and consists on a bibliographic and documentary research that will analyze, in both national and international level, judicial decisions about the subject, to support the arguments presented, using the hypothetical-deductive method. First, it explains the concept of uberization. In a second topic, the (non) existence of the employment relationship in labor relationships and discusses the theory of parasubordination. In a third topic, the precariousness of work as a consequence of the phenomenon of uberization will be analyzed and, then it analyzes the intensification of this phenomenon in the Pandemic of Covid-19. In the last topic, a comparative study of national and international decisions and laws on the topic will be made. Finally, to demonstrate the need to reformulate the legal concept of subordination, traditionally used, as well as the urgency that Brazil has in defining the jurisdictional competence to judge such demands and to elaborate specific laws for these relationships.