A UBERIZAÇÃO NO MUNDO MODERNO E OS DESAFIOS DE APLICAÇÃO DA CLT NAS RELAÇÕES INTERMEDIADAS POR PLATAFORMAS

Abstract

This final project analyzes the application of the Consolidation of Labor Laws (CLT) to new forms of work mediated by digital platforms, seeking to determine whether the CLT is sufficient to encompass the new technological era. It clearly presents the rise, impact, and consequences of ride-hailing apps and their regulatory and legal challenges. It demonstrates the challenges, flexibility, and adaptation of the CLT to unconventional work models. It evaluates possible emerging proposals, potential regulatory alternatives in digital labor relations, and the challenges in their practical implementation. Based on a historical approach, theoretical, qualitative, and descriptive research is conducted, the study begins with the idealization of the superexploitation of labor reported by Karl Max, continues through the transition from Fordism to digital work, highlighting how globalization and the flexibilization of production relations contributed to the emergence of the gig economy. The theoretical foundation was supported by authors such as Ricardo Antunes, Tom Slee, and Ludmila Costhek Abílio, who problematize structural precariousness, the discourse of self entrepreneurship, and Algorithmic subordination. The research also incorporated empirical data from the IBGE, IPEA, and Fairwork Brasil, revealing the magnitude of the phenomenon in the Brazilian context. Furthermore, judicial decisions from the Superior Labor Court (TST), Supreme Federal Court (STF), and Regional Labor Courts (TRTs) were analyzed, illustrating the fluctuating jurisprudence regarding the recognition or denial of an employment relationship. The conclusion is that the CLT, in its original form, is insufficient to adequately protect digital work. It is necessary to develop regulatory alternatives that guarantee a minimum level of rights, reconciling technological innovation and protection.