Entre o limbo jurídico e o legal: uma análise de decisões divergentes sobre uberização do trabalho e o Projeto de Lei n° 5069/2019

Abstract

The phenomenon of uberization is inserted within the productive context of the Fourth Industrial Revolution. Law is an applied social science that reflects in its regulations the needs of society in each historical period. Currently, the phenomenon of uberization has led to lawsuits seeking to recognize employment relationships between uberized workers, in particular application drivers and food deliverers, and application companies. The objective of the work is to demonstrate whether in the uberized relationships the factual and legal elements that characterize the employment relationship are present. Therefore, the methodology used is the deductive procedure of doctrinal presentation and application in selected court decisions that decided on the establishment of recognition or not of an employment relationship. It seeks to present how the current situation of high unemployment in Brazil has contributed to fostering two discourses, that of uberization as a synonym for entrepreneurship and the flexibilization of labor laws in the name of greater market freedom. As a result, observed, it is estimated that the lack of judicial pacification has led to legal uncertainty in the propositions of demand, as differences are present even in the last instance, in the Superior Labor Court. The role of the operator of the Law is to operate it and, therefore, in the face of a lack of legislation, decisions have been based on the current legal text, the Consolidation of Labor Laws. However, the need for regulation has led Brazilian legislators to propose bills that regulate this new type of work. The work concludes with the observation that two bills analyzed and that use the terminology work on demand were formalized after manifestations of deliverymen in the so-called "apps break" and that they were appended to an older 2019 bill. Finally, the work concludes by pointing out that the lack of regulation of uberized labor has led to a deepening of the precariousness of work and the united laborers' movement has shown to be able to awaken legislators to the need for standardization of the subject.