VÍNCULO DE EMPREGO ENTRE MOTORISTAS DE APLICATIVO E PLATAFORMAS DIGITAIS

UMA ANÁLISE JURÍDICA COMPARATIVA

Abstract

The advancement of digital technologies and the consolidation of the platform economy have profoundly reshaped contemporary labor relations, giving rise to significant legal debates regarding the classification of workers engaged through applications such as drivers operating for Uber do Brasil Tecnologia Ltda. In this context, this article develops a comparative analysis of two decisions issued by the Regional Labor Court of the 3rd Region (TRT-3), adjudicated in 2017 and 2019, which reached divergent conclusions concerning the recognition of an employment relationship. The study adopts a qualitative and exploratory-analytical approach, grounded in documentary analysis of judicial decisions, the systematization of legal reasoning, and a critical examination of these elements in dialogue with classical and contemporary labor law scholarship. The findings indicate that the 2017 decision relies on a traditional understanding of subordination, denying the employment relationship by emphasizing the driver's alleged autonomy and the absence of direct commands. Conversely, the 2019 decision incorporates modern theoretical perspectives—such as structural subordination, economic dependence, and algorithmic control—recognizing that managerial power may be exercised through automated digital systems that regulate productive activity. The comparative analysis reveals that the divergence between the decisions reflects broader hermeneutical tensions within Labor Law as it confronts new technology-mediated work structures. An expanded understanding of subordination thus emerges as a crucial normative and interpretive element to ensure the effectiveness of labor rights within the platform economy.