A uberização do trabalho e os reflexos na previdência social

Abstract

Social security, encompassed by social security, is born from a context of social justice, in order to protect the social worker, given that there is a great state negligence in relation to this issue. In our national legislation, we can list several historical moments, which reflect government concerns regarding social issues. For example, in the constitution of 1824, the first Brazilian constitution, “public aid” was guaranteed to individuals. When we look at the global context, in 1881, in what we now know as Germany, the world's first social security law is formulated, the law that became known as health insurance. With the evolution of social life and the aggravation of diseases and illnesses among workers, often incapacitating them for work, an urgency to protect and protect this social class, the workers, was intensifying. In the Brazilian context, analyzing the 1988 constitution, we see the constitutional tripod of social security; divide into: social security, social assistance and health. Of these three, only social security is concerned with guaranteeing the worker's subsistence in the event of death, accident, illness, pregnancy, death and old age in the labor context and outside it. From this perspective, the modernization of labor relations, known as the uberization of labor relations and the "disappearance" of formally signed employment contracts, considers the possibility of an eventual "lack of protection" for workers covered by this modality of work. One of the main changes takes place in the employer pole of the relationship; there is no longer the figure of an employer, but that of a work intermediary. The service provider company uses labor, a worker, however, without the presence of an employment relationship. Thus, the worker “provides a service”, being in theory compared to a self-employed worker. One of the big questions, however, is how the relationship with the social security of those individuals who join this type of work will be. Should the provider company be required to contribute to social security, as it happens in the relationship with self-employed workers, when providing services? As I am not automatically affiliated with social security, what will be the social protection for these workers if they do not join? One of the main problems, which seems to force a turn back in time, from the perspective of social rights. How will the State ensure “tranquility” to these low-sufficient individuals in this new labor relationship, in case of disability, death, illness, etc.? Who will pay this bill? These are the questions, whose objective of the present course completion work will focus on unraveling and analyzing.