uberization: Uber, one of the main urban mobility companies in Brazil, is facing a legal battle in the Federal Supreme Court (STF).
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All of this is related to the employment relationship between your drivers and delivery people and the application platforms.
The company requested the suspension of processes nose lower courts of justice dealing with this issue, alleging the need to guarantee the legal certainty of the parties involved.
This measure by Uber comes after the STF decided to apply the general repercussion on the topic, which means that the court's understanding will be valid for similar cases in lower courts of justice.
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The numbers are significant: until May last year, the Attorney General's Office (PGR) registered more than 17 thousand cases on the subject, while the Brazilian Mobility and Technology Association (Amobitec) mentions 12.192 shares.
With this request, the Uber seeks to await 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 aims to guarantee the legal certainty of the parties involved until the issue is clarified by the STF.
STF decision expands discussion on employment relationship
O Supreme Court (STF) unanimously decided to apply the general repercussion to the debate about the existence of an employment relationship between app drivers and transport platforms.
This means that the STF decision will have scope in similar cases in lower courts of justice. There is still no set date for the matter to be judged by the STF.
This measure aims to pacify the issue of “uberization” in the Judiciary and provide a universal understanding of this type of employment.
The application of general repercussion by the STF is an important action in order to bring uniformity to the country's jurisprudence in relation to the employment relationship between app drivers and the platforms they use. With this decision, many similar cases that may be pending in lower courts of justice will be influenced by understanding of the STF, which could represent a significant change in the way this type of employment relationship is interpreted and regulated in Brazil.
- guarantee of legal certainty for the parties involved;
- Creation of a common understanding at national level;
- Possibility of a clearer legal answer to the issue of “uberization” in the country.
It STF decision expands the discussion about the employment relationship in the era of the app economy, raising several questions about drivers' labor rights and guarantees.
A general repercussion applied by the court generates an expectation that a uniform understanding will be established in relation to the topic, bringing greater legal certainty to the parties involved and helping to resolve the current controversy.
Now, it remains to follow the developments of this decision and wait for the date of the judgment at the STF.
| Benefits | Implications |
|---|---|
| Greater legal security for the parties involved | May impact the relationship between drivers and app platforms |
| Possibility of a national understanding on the topic | It may generate changes in the regulation of the activity |
| Clearer legal response to “uberization” | It can affect the platforms’ business model |
uberization: Creating legal security
Uber, in the face of STF decision to establish an understanding on the employment relationship between app drivers and transport platforms, requested the suspension of processes related to this issue.
This measure aims to guarantee legal security for the parties involved, allowing the decision taken by the STF to be applied consistently in similar cases in lower courts of justice.
Suspension of proceedings is an action provided for by law and is intended to await clarification from the STF on the issue before proceeding with trials.
In this way, we seek to avoid divergent decisions that could generate even more legal uncertainty in the context of “uberization”.
“The request to suspend 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 way to avoid conflicts and establish a clear understanding about the employment relationship in the app-based work modality.” – Lawyer specialized in the subject.
Table: Number of processes related to the employment relationship*
| Year | Number of Processes |
|---|---|
| 2018 | 8.756 |
| 2019 | 9.823 |
| 2020 | 12.192 |
*Data provided by the Brazilian Mobility and Technology Association (Amobitec).
Bill proposes regulation of the activity of app drivers
While awaiting the decision of the Federal Supreme Court (STF) on the employment relationship between app drivers and platforms, the federal government sent a bill to the Congress with the aim of regulating the activity of app drivers.
This project proposes the creation of the category “self-employed platform worker” and establishes minimum rights for these professionals, such as a working day of up to 12 hours per day, minimum remuneration plus variable earnings from racing and contribution to the INSS.
The proposal aims to guarantee labor rights for app drivers and regularize this activity that is based on digital platforms.
The creation of this regulation is an important step to ensure that app drivers have their rights respected, including the definition of a limit on working hours and minimum remuneration.
Furthermore, the contribution to the INSS guarantees the social protection of these professionals, guaranteeing access to benefits such as retirement, sickness benefit and maternity leave.
It is essential that the National Congress analyzes and discusses this bill in order to guarantee fair and balanced regulation, which protects both the rights of app drivers and free competition in the market.
uberization: Main points of the bill:
- Creation of the “self-employed worker by platform” category for app drivers.
- Working hours of up to 12 hours per day.
- Guaranteed minimum remuneration, in addition to variable earnings from races.
- Contribution to INSS.
- Regulation of activities carried out by digital platforms.
| Benefits of regulation | Social Impact |
|---|---|
| guarantee of labor rights for app drivers | Social protection and better working conditions |
| Balance between the interests of drivers and platforms | Improvement in labor relations |
| Legal security for all parties involved | Reduction of conflicts and lawsuits |
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Conclusion uberization
Uber's legal battle in the STF in relation to “uberization” and the employment relationship of drivers has generated intense discussions about regulating the activity of app drivers and guaranteeing labor rights in this sector.
The STF's decision to apply the general repercussion The topic signals the search for a clear guideline in the legal field, which can influence future decisions in lower courts.
While the STF promotes this important discussion, the federal government has been proposing a bill that aims to regularize the activity of app drivers.
The objective of this proposal is to guarantee minimum rights for these professionals and establish a legal framework for “uberization”.
If approved, this measure will have a significant impact on the way the activity of app drivers is treated in the country, providing greater legal certainty for all parties involved.
Both the STF's final decision and the eventual approval of the bill will have a decisive impact on the relationship between app 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 everyone involved in this constantly evolving scenario.
FAQ – Uberization
What did Uber request from the STF?
Uber asked the STF to suspension of processes related to the employment relationship between drivers and delivery people 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 courts.
Why did Uber request the suspension of the processes?
Uber requested the suspension of the processes to guarantee the legal security of the parties involved.
What does the bill sent by the federal government propose?
The bill proposes to regulate the activity of app drivers, creating the category “self-employed platform worker” and establishing minimum rights for these professionals.
What will the STF's final decision and eventual approval of the bill impact?
The final decision of the STF and the eventual approval of the bill will have a significant impact on the way the uberization is addressed in Brazil and in the labor rights of app drivers.
