O caso Uber: motoristas empregados ou trabalhadores autônomos? - uma análise jurisprudencial acerca da relação constituída

Abstract

This research has the scope to analyze the understanding utilized on decisions of the Labor Courts to recognize or not the existence of employment bond in labor relation between drivers and Uber company. To that, we apply the following specific aims: a) to differentiate the labor and employment relations according to the elements that configure the employment bond as stated by CLT; b) to present the concept of Uberization with emphasis on Uber company, exposing about its operation; and c) to make the survey of the Labor Courts decisions that deal with the existence or not of the employment bond in the working relations between the drivers and Uber. The investigation of this research looks for answer to the following problem situation: what are the criteria used on decisions of the Courts to recognize or not the working bond in the labor relation between drivers and the company of Uber? In this study, a bibliographic research was adopted for dedicating to registries that have already been published, and a documentary method for investigating judicial decisions from the Courts about the recognition of labor bond between Uber and its drivers, applying a descriptive analytical method. The relevance of this study consists of bringing visibility to the issue of employment bond in the face of labor innovations, promoting questions and reflections about the referring aspects to the relation driver and the Uber. Before the results obtained, it follows that the interpretation of the Labor Courts about the constitutive assumptions of the employment bond cannot be ruled only on traditional conceptions, in the explanation in the light of built precepts yet in 20th century, once they are limited only to classics criteria of employment relation, the Courts will be excluding the new ways of work, especially the low-income class of drivers that provide service to companies of passengers transport by application.