ORGANIZAÇÃO DO TRABALHO E SUBORDINAÇÃO JURÍDICA: DESAFIOS PARA A PROTEÇÃO JURÍDICA DO TRABALHO INTERMEDIADO POR PLATAFORMAS DIGITAIS NO BRASIL

Abstract

The introduction of Information and Communication Technologies (ICT) in the business context has called into question the effectiveness and adaptation of labor law to today's society. With the adoption of more flexible working models comes the challenge of regulating work intermediated by digital platforms and redefining the element of legal subordination. Labor laws need to be rethought and adapted to fulfill their fundamental role in protecting workers. Work organizations based on the use of ICTs challenge the traditional application of labour law by configuring flexible and technological organizational models, leading to the discussion of alternative concepts of legal subordination. In Europe, intermediate legal figures have been created, such as the para-subordinate worker, who has only a portion of the rights granted to employees. In Brazil, court decisions have recognized parasubordinate work as a form of legal subordination. They have also developed other concepts, such as structural and algorithmic subordination. Faced with the need to adapt labour law to the transformations and challenges imposed by the new organizational models present on digital platforms, this study advocates the application of a concept of legal subordination based on the dynamics of the exploitation of the employment relationship, in order to protect labour relations.