Da (in)existência de relação de emprego entre a Uber e seus “motoristas parceiros”

Abstract

This monograph aims to analyze the nature and the consequences of the relationship between the "partner drivers" and Uber, through an application. The general objective is to verify, considering the conditions under which the service is provided, the existence or not of employment relationship between UBER and its "partner drivers". For this, we understand how it was given to stories of labor relations; we also understand the requirements of the employment relationship in Brazil. We then investigate the operation of Uber and the idea of shared economy, in order to analyze the previous Ordinary Resource 1000123-89.2017.5.02.0038 and conclude by the (in) existence of the employment relationship between UBER and its partners drivers. The methodology adopted was the theoretical dogmatic bibliographical research and the consultation of Internet sites, being investigated the works of doctrinators and the jurisprudence of Labor Law and Constitutional Law.