Motoristas de aplicativo x Uber technologies: uma análise sob a ótica constitucional trabalhista

• Autor(a) principal: Loureiro, Uriel Paranhos
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório da Faculdade de Direito de Vitória
• Texto Completo: http://191.252.194.60:8080/handle/fdv/784
• topic: Uber; Motoristas de aplicativo; Precarização; Economia do bico; Vínculo de emprego; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The present feat questioned, in the light of the Brazilian constitutional-labor order, the possibility of establishing an employment bond in the relationship established between the application drivers and the Uber platform, in order to find an appropriate solution to the problem, which becomes useful also for similar cases. For this, the work adopted the scientific dialectical method and proposed as objectives: (a) to present the content of work and employment in the Brazilian constitutional-labor order; (b) to analyze phenomena and circumstances that determined the current morphology of work; (c) describe how the Uber platform drivers work; (d) compare international understandings about the recognition of an employment bond between the application driver and Uber; (e) conclude, from the perspective of the Brazilian constitutional-labor order, a possible legal solution for the recognition of an employment bond between the application driver and the Uber platform. During the research, the achievement took care of addressing the necessary premises for the solution of the problem. First, it presented the role of work as a human and fundamental right, as well as that of employment, a type of constitutionally prestigious work. Then, he went through a historical and social path about the phenomena and circumstances that determined the current morphology of work. In addition, it was essential to describe the conditions of the platform's application drivers. Having established the premises, he analyzed national and international decisions on the subject, in order finally to conclude an adequate response to the Brazilian legal order. It was concluded that, the working conditions of the Uber platform, in many cases, satisfy the necessary assumptions for the establishment of the employment link, which is why it is possible to establish the employment link between the driver and the platform. Still, that, despite the intense haze of precariousness that hangs in Brazilian society, the current constitutional-labor order has all the necessary legal support to ensure the protection of the rights of Uber drivers