Trabalho de motorista por aplicativo: análise das bases contratuais com a Uber e a posição do Tribunal Regional do Trabalho da 21a. Região

Abstract

The present study focuses on examining the possibility of characterizing Uber drivers as employees within the framework of Brazilian labor laws. This analysis is based on both the signed contract between the parties and doctrinal and jurisprudential positions. Furthermore, the context of a high number of ride-sharing app drivers, combined with widespread unemployment in Brazil, culminates in a chaotic scene where the Judiciary acts as the frontline in discussing the direction of this class of digital workers. Given this, the research investigates two core issues: the possibility of establishing an employment relationship between ride-sharing app drivers and Uber based on a contractual analysis between the two, and delving into the jurisprudence of the TRT21 in its approach. Thus, the research assumes an argumentative position on the addressed topics, using bibliographic and documentary research. From the data and information collected, it is concluded that the relationship established between ride-sharing app drivers and Uber possesses enough characteristics to establish an employment connection, even though it faces significant barriers regarding the regulation of the developed activity. Moreover, it is also concluded that the jurisprudence of the TRT21 is staunchly against recognizing the employment relationship between the app driver and Uber, although it advocates for the recognition of the Labor Court's jurisdiction to judge the matter at hand.