Trabalho decente no capitalismo de platafoma : a necessidade de um estatuto próprio aos motoristas e entregadores por aplicativos no Brasil

Abstract

The regulation of work through digital platforms is a prominent topic in the national public debate, especially with the proposal of PLP 12/2024 by the Federal Executive Branch. Thus, the following research problem arises: is it necessary to create specific legislation to regulate work through digital platforms in Brazil, ensuring compatibility with the decent work paradigm, or is the CLT sufficient? The general aim of this study is to analyze the need to establish a specific statute for work through digital platforms in Brazil. The dissertation has three specific areas of analysis. Firstly, it examines how the decent work paradigm, conceived by the International Labor Organization (ILO), relates to the pillars of development in the 21st century, and how the Brazilian state should promote the fair distribution of wealth and sustainable economic growth through decent work. Secondly, it analyzes the dynamics of precarious work in platform capitalism, investigating the formation of this economic model, its mechanisms of super-exploitation through algorithmic management and the challenges of guaranteeing social citizenship rights in Brazil. Thirdly, it examines the current Brazilian reality following the presentation of PLP 12/2024, seeking to understand whether there is a need for a statute of its own and what parameters are necessary to regulate work through digital platforms. The theoretical frameworks adopted are Srnicek’s “platform capitalism” approach and Antunes’ critical analysis about the intensification of precariousness of work. The research is explanatory and uses the hypothetical-deductive method, starting from the hypothesis that the proper status is necessary. The procedural techniques include a comprehensive documentary survey, analysis of court decisions, legislation, declarations, international treaties, ILO conventions and bills, as well as bibliographical research in scientific journal articles and specialized books. These techniques are used to prepare three chapters of content, according to the dissertation’s three specific areas of analysis. The research confirms the initial hypothesis, concluding that there is a need for a statute focused on drivers and couriers for the following reasons observed in the Brazilian reality: dichotomy between protection for employees and lack of rights for the self-employed; lack of protection for those whose work activity is not regulated by the state (regulated social citizenship); resistance of workers by application to the CLT; divergence of case law in the TST and tendency for the STF not to recognize the employment relationship; need to posit the right to flexibility of work locations and hours, as well as the lack of exclusivity; the need to ban the requirement of a minimum time at disposal and the penalty for rejecting demands; the need to ban non-occasionality and subordination as requirements for the application of protective rules; the need to establish rights not provided for in the CLT, such as algorithmic transparency, portability of evaluations, human review of automated decisions and prior defense to punishments. Finally, the study identifies eight areas that should be addressed by legislation to regulate work through digital platforms, proposing objective parameters to be adopted by the so-called Brazilian statute.