O direito do trabalho diante da tecnologia: análise de julgados entre a uber e motoristas na justiça do trabalho de joão pessoa em 2023

Abstract

Social control over new technologies has had significant repercussions on labor relations, with emphasis on the emergence of innovative models of labor exploitation, such as companies that operate through apps or digital platforms. A striking example of this phenomenon is Uber, which has become the symbol of a precarious business model, widely referred to as the “Uber economy” or “uberization of work”. This model has generated several legal issues, especially regarding discussions about the existence of a legal relationship between drivers and Uber. Thus, the general objective of this paper is to verify how the judiciary has approached individual disputes involving Uber Brazil drivers, especially regarding the recognition or not of the employment relationship. Thus, this paper analyzes the performance of the Brazilian judiciary in disputes involving drivers and Uber, with emphasis on the decisions of the labor courts of João Pessoa and the Regional Labor Court of the 13th Region. The research begins by examining the phenomenon of “uberization”, characterized by the algorithmic intermediation of labor relations and the precariousness of working conditions. The study identifies the factual and legal elements essential to the recognition of an employment relationship, with emphasis on legal subordination, and explores the application of the concept of parasubordination originating from foreign doctrine. In addition to investigating the difficulties generated by the lack of specific legal regulation, the detailed analysis of four paradigmatic judicial decisions highlights the fragmentation of interpretations that exist between the labor courts and the appeals panels of the TRT13. It was concluded that, although there are specific cases of recognition of an employment relationship, the Labor Judiciary of Paraíba has a tendency to reject such recognition, reinforcing the understanding of drivers' autonomy. This scenario reveals not only regulatory gaps and divergence in judicial decisions, but also the urgent need for regulation in order to guarantee legal certainty and adequate protection for workers working on digital platforms.