Análise jurídica das relações de trabalho dos serviços de aplicativo e pejotização

Abstract

In the scope of labor law, two themes aroused relevant debate in the late 20th century and beginning of the 21st century: pejotization and uberization. These themes provoke a debate about the precariousness of work, including labor frauds. Since pejotization in some cases is designed with the purpose of circumventing the employment relationship provided for in the Consolidation of Labor Laws and in the uberization, the use of applications excludes the relationship between employer and employee, typical of the labor sector and, therefore, its principles and norms. Uberization started with the spread of services provided by the apps, which could be delivery services, travel and many others. Critically analyze the different work relationships arising from the creation of applications that promote services, as well as the pejotization instrument. Initially, to understand the relationship between workers and companies that operate with platforms in the case of uberization, as well as to analyze the relationship between employee and employer in the case of pejotization. For this study, bibliographical and documentary research were used, requiring the handling of vast legal literature, consisting of books and scientific articles, as well as examining the relevant legislation, as well as studying court decisions of several courts. The work brings to the reader actions that debated the two themes analyzed in the judicial sphere. From the bibliographical and documental analysis, it can be inferred that uberization and pejotization lead, in certain factual situations, to precarious work, therefore the violation of certain fundamental rights belonging to the worker.