A (in)existência de proteção social dos trabalhadores por aplicativo: um estudo sobre os direitos previdenciários dos motoboys

Abstract

This work presents an analysis of the existence of social protection for workers via app, mainly the social security rights of delivery drivers, commonly called motorcycle couriers. To this end, a bibliographic investigation was carried out to collect data and scientific reports, as well as a contractual analysis that verified the terms and conditions that launched the legal relationship between the apps and drivers/delivery people. Furthermore, an analysis was also executed of the existing legislation in the Brazilian legal system that protects the protection of drivers via app and of the bills in progress. Finally, a jurisprudential analysis was also done regarding labor and social security rights, both for app delivery people who are not covered by social security, and also for those who pay into the RGPS as an individual taxpayer. After analyzing existing contracts, legislation and bills, as well as the judicial behavior on the present discussion about the regulation of workers by apps, it was possible to verify the discrepancy between the responsibilities taken by delivery drivers in comparison with the guarantees offered by the apps, promoting an institutionalized violation of rights. It was also attested how incorrect the concept that delivery workers are entrepreneurs is, given that these professionals are subordinated to an algorithm that directs and controls their routine and way of working. Furthermore, it was established by the research that the legislative power fails to endorse any type of regulation, enacting laws and bills that reduce the worker's desires and postpone a possible regulation that is precariously, gradually carried out by the judicial system, that is pressured to come up with a resolution on the topic about the recognition of employment relationships between platforms and workers, which can promote superficial and non-participatory regulation. It is noteworthy, therefore, that app workers have little legal protection, due to the lack of a protectionist and democratic regulation. Despite the existence of some devices that protect certain rights, the lack of some adjustments of existing social security legislation to meet this specific situation, the precarious current regulation and the failure of the legislative branch to deal with the issue, promotes an institutionalized violence that intensifies the socialsecurity and labor rights vulnerability of the delivery worker.