Relações de trabalho e plataformas digitais de trabalho: análise jurídica à luz dos elementos do vínculo de emprego

• Autor(a) principal: Germiniani, Murilo Caldeira
• Data de Publicação: 2023
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/39406
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Plataformas digitais de trabalho; Gig economy; Relações de trabalho e vínculo de emprego; Subordinação jurídica; Digital work platforms; Gig Economy; Labor relations and employment relationship; Legal subordination

The development of business models based on digital work platforms allowed the evolution of ways of working. By enabling the connection between people willing to perform certain services with people willing to hire them, digital work platforms created an economic environment based on casual working relationships – the Gig Economy. The positioning of the digital work platform as an element external to the legal relationship between users of the platform requesting services and service providers who provide work through the platform has generated debates about the legal nature of the relationship between the digital platform and these workers. The lack of specific legislation in Brazil contributes to the existence of opposing positions on the subject and to legal uncertainty. This conflict has generated, over the last few years, several administrative procedures and labor lawsuits, both at the individual and collective spheres, via Class Actions filed by the Labor Public Prosecutors’ Office claiming the existence of an employment relationship. Legal uncertainty damages both workers and digital platforms. This dissertation aims at deepening the legal analysis of the new dynamics of labor relations that have developed with the advent and expansion of digital work platforms from the identification of the pillars that characterize this business model vis-à-vis the factual-legal elements that characterize the employment relationship, taking into account, especially, the interpretation of the concept of legal subordination in light of the Brazilian doctrine and case law, labor principles and the constitutional principles guiding the Economic Order provided for by the Federal Constitution of 1988