A proteção constitucional do trabalho nas plataformas digitais dirigentes no Brasil

Abstract

The Brazilian Labor Constitution defined the guarantee of decent work as a premise for the exploitation of labor in the country, based on the principles of human dignity, the appreciation of human work and the right to work, as well as the institution of a constitutional contract of work, as established in arts. 5 to 10 of the Federal Constitution. The provision of labor to companies that operate through digital platforms, in turn, has grown in Brazil in the last two decades without adequate social protection, marked by long working hours and low wages, highlighting the activities of platform companies leaders, such as Uber, a passenger transport company, and IFood, a company in the goods delivery sector. The work provided in these platform companies can be characterized by the algorithmic management carried out, by remuneration for digital tasks and their control through pricing, in addition to the exclusive risk assumption of the service provider. Considering that the rights provided for in the constitutional employment contract are directly effective in the relationship between individuals and are held by all workers, including those who work in these platform companies, there are guarantees that must be recognized by the person who provides such work through contracts of employment signed or the terms of use and general conditions adhered to, given the particularities of this service provided, prior to analyzing the presence of the requirements of the employment relationship and regardless of the existence of legal regulation. In the research, the deductive method was used, with a review of doctrinal literature and interpretation of normative texts.