UberizationUber, one of the main urban mobility companies in Brazil, is facing a legal battle in the Federal Supreme Court (STF).
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This all has a relationship with the employment relationship between its drivers and distributors and application platforms.
The company requested suspension of proceedings nose lower instances of Justice dealing with this question, claiming the need to guarantee it legal security the involved parts.
This measure by Uber comes after the decision of the STF to apply it general repercussion on this topic, which means that the court's interpretation will be valid for similar cases in lower instances of Justice.
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Numbers are significant: until May last year, there Office of the Attorney General of the Republic (PGR) registered more than 17 thousand processes on this topic, while it Brazilian Mobility and Technology Association (Amobitec) mentions 12.192 shares.
With this request, Uber seeks to wait for the STF's definition of the employment relationship in "uberization", a term that refers to the provision of services through digital platforms, such as Uber itself.
This suspension of labor processes is a measure provided for by law and has the objective of guaranteeing legal security the involved parts until the question is clarified by the STF.
The STF decision expands the discussion on the employment relationship.
O Supreme Court (STF) decided, unanimously, to apply it general repercussion al debate about the existence of an employment relationship between application drivers and transport platforms.
This means that the STF decision will have reach in similar cases in lower instances of Justice. There is still no definitive closure for the judgment of the issue in the STF.
This measure aims to pacify the consideration of “uberization” in the Judicial Power and provide universal understanding about this type of employment.
The application of general repercussion The STF is an important action in order to bring uniformity to the country's jurisprudence in relation to the employment relationship between application drivers and the platforms they use. With this decision, many similar cases that could be pending in lower instances of Justice will be influenced by understanding of the STF, which could represent a significant change in the way in which this type of employment relationship is interpreted and regulated in Brazil.
- Warranty legal security for the involved parts;
- Creation of a common understanding at national level;
- Possibility of a clearer legal response to the question of "uberization" in the country.
Esa STF decision expands the discussion about the employment relationship in the era of the economics of applications, asking several questions about the rights and labor guarantees of drivers.
A general repercussion applied by the court generates an expectation that a uniform understanding will be established regarding the issue, providing greater legal security for the involved parties and helping to resolve the current controversy.
Now, let's follow the developments of this decision and wait for the court to close in the STF.
| Benefits | Implications |
|---|---|
| Greater legal security for involved parties | It can impact the relationship between drivers and application platforms. |
| Possibility of national understanding on the topic | You can generate changes in the regulation of activity. |
| Clearer legal answer to “uberization” | It could affect the business model of the platforms. |
Uberization: Creation of legal security
Uber, before her STF decision To establish an understanding of the employment relationship between application drivers and transport platforms, request the suspension of processes related to this issue.
This measure aims to guarantee the legal security of the involved parties, allowing the decision taken by the STF to apply consistently in similar cases in lower instances of Justice.
The suspension of proceedings is an action foreseen in the law and has the purpose of waiting for clarification from the STF on the questions before continuing with the judgments.
In this way, we seek to avoid divergent decisions that could generate more legal uncertainties in the context of “uberization”.
"The request for suspension of processes is an important measure to guarantee legal security, which is fundamental for both companies and workers. Waiting for the STF's decision on this matter is the most appropriate path to avoid conflicts and establish a clear understanding about the employment relationship in the working modality by application." – Lawyer specializing in this topic.
Table: Number of processes related to employment relationships*
| Year | Number of Processes |
|---|---|
| 2018 | 8.756 |
| 2019 | 9.823 |
| 2020 | 12.192 |
*Data provided by the Asociación Brasileña de Movilidad y Tecnología (Amobitec).
Law project proposes the regulation of the activity of application drivers.
While awaiting the decision of the Federal Supreme Court (STF) on the employment relationship between application drivers and platforms, the federal government sent a legal project to National Congress with the objective of regulating the activity of application drivers.
This project proposes the creation of the “self-employed platform worker” category and establishes minimum requirements for these professionals, such as a working day of up to 12 hours a day, minimum remuneration with variable earnings in careers and contributions to the INSS.
The proposal seeks to guarantee labor rights for application drivers and regularize this activity that is based on digital platforms.
The creation of this regulation is an important step to ensure that application drivers have their rights respected, including the definition of a limit on working hours and a minimum remuneration.
Furthermore, the contribution to the INSS guarantees the social protection of these professionals, ensuring access to benefits such as retirement, sickness benefit and maternity leave.
It is essential that the National Congress analyzes and discusses this law project in a way that guarantees fair and balanced regulation, which protects both the rights of application drivers and free competition in the market.
Uberization: Main points of the law project:
- Creation of the "self-employed platform worker" category for application drivers.
- Working hours of up to 12 hours a day.
- Guaranteed minimum remuneration, in addition to variable earnings in careers.
- Contribution to the INSS.
- Regulation of activities carried out by digital platforms.
| Benefits of regulation | Social Impact |
|---|---|
| Warranty labor rights for application drivers | Social protection and better working conditions |
| Balance between the interests of drivers and platforms | Improvement in the employment relationship |
| Legal security for all involved parties | Reduction of conflicts and judicial processes |
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Conclusion Uberization
Uber's legal battle at the STF in relation to the “uberization” and the employment relationship of the drivers has generated intense discussions about the regulation of the activity of application drivers and the guarantee of labor rights in this sector.
The STF's decision to apply it general repercussion The theme indicates the search for a clear guideline in the legal field, which can influence future decisions at lower levels of Justice.
While the STF is promoting this important discussion, the federal government has been proposing a law project that seeks to regularize the activity of application drivers.
The objective of this proposal is to guarantee minimum rights for these professionals and establish a legal framework for “uberization”.
If appropriate, this measure will have a significant impact on the way in which the activity of application drivers is handled in the country, providing greater legal security for all parties involved.
Both the final decision of the STF and the possible approval of the law project will have a decisive impact on the relationship between application platforms and their drivers.
The search for a balance between technological innovation and labor protection is essential to guarantee a fair and sustainable environment for all those involved in this constantly evolving scenario.
FAQ – Uberization
What did Uber ask the STF for?
Uber requested the STF for a suspension of proceedings related to the employment relationship between drivers and distributors and application platforms.
What does the application of general repercussion by the STF mean?
The application of general repercussion by the STF means that the court's decision will be valid for similar cases in lower instances of Justice.
Why did Uber request the suspension of the processes?
Uber requested the suspension of the processes to guarantee the legal security of the involved parties.
What does the law project sent by the federal government propose?
The law project proposes the regulation of the activity of application drivers, creating the category "self-employed platform worker" and establishing minimum standards for these professionals.
What impact will the final decision of the STF and the eventual approval of the law project have?
The final decision of the STF and the eventual approval of the law project will have a significant impact in the way in which it uberization It is about Brazil and the labor rights of application drivers.
