A precarização do trabalho no contexto pós-pandêmico desafios de regulamentação em plataformas

Abstract

The present work aimed to study the effects of uberization as a form of productive exploitation on labor rights during the pandemic, giving importance to the regulation of rights to guarantee human dignity in possible similar cases in the near future. Using a doctrinal, jurisprudential and documentary analysis, seeking to understand the legal nature of this employment relationship and the impact it has on labor law. With technological evolution and transformations in ways of working, employees dependent on these new resources are subject to insecurities. The objective of this study was to identify the weaknesses imposed on workers, in the midst of doctrinal and jurisprudential controversies in comparison with the international position, aiming to guarantee fair protection of labor rights. Labor legislation and TST jurisprudence are analyzed to observe the possibility of recognizing the employment relationship for Uber drivers. The lack of regularization and specific legislation brings negative impacts and generates precariousness in the conditions of these workers. It is concluded that one of the ways to guarantee labor rights for the uberized would be the configuration of algorithmic subordination in work by application, characterizing the actual employment relationship, in order to support workers regarding their social and labor rights.