O trabalho dos motoristas de passageiros por aplicativos: análise da natureza jurídica à luz do direito do trabalho e dos direitos fundamentais

Abstract

The aim of this monograph is to study the labor relationship between app-based passenger drivers and the companies that own these technological applications. The aim is to understand the legal nature of the relationship between app drivers and these companies. In this way, this research aims to identify, through the study of this new form of service provision, the current legal relationship between app-based passenger drivers and these technology companies, in the light of Labor Law and Constitutional Law. In this sense, the first chapter explored aspects of the dynamics and conditions under which drivers provide their services, seeking to understand the foundations of the sharing economy and disruptive technology. The second chapter dealt with the differences in doctrine and case law on whether or not drivers have an employment relationship, as well as demonstrating draft laws that aim to regulate these services. Finally, in the third chapter, the possibility or not of recognizing the employment relationship of drivers was verified, as well as presenting the requirements of continuity and subordination in these relationships and finally questioning the need to regulate the basic labor rights of these professionals. Theoretical research and the deductive method were used to construct this monograph. In conclusion, it is necessary to regulate this new economic activity, whether or not the legislator declares an employment relationship between app-based passenger drivers and the companies that own these technological applications.