As reclamações constitucionais acerca do reconhecimento de vínculo empregatício de trabalhadores plataformizados

Abstract

This monograph aims to analyze the reasoning of the Brazilian Supreme Court's single-judge decisions issued in Constitutional Complaints regarding the recognition by the Labor Court of the employment relationship of drivers and motorcyclists who transport people and deliver goods through apps, known as digital platform workers. To this end, a qualitative and quantitative methodology was used to obtain the results of the search made in the case law database on the Court's own website. A study of the doctrine and case law was carried out about understanding the context of this relationship and the use of this instrument in the judicial process to subsequently analyze the decisions. When gathering the results of this examination, the inductive and comparative methods were used to compare the judicial decisions. This study seeks to clarify the need for the appropriate use of constitutional complaints and the importance of the role of the Specialized Court to provide judicial decisions that resolve disputes related to fraud in labor relations, with the aim of guaranteeing the fundamental rights of workers provided for in the Brazilian Constitution of 1988. In fact, this work aims to demonstrate that, in this way, it will be possible to reduce the risk of erroneous and arbitrary decisions, while ensuring the stability, integrity and coherence of the decisions of Brazilian courts, as well as protecting individual rights, which are made more flexible by the unbridled development of society.