As plataformas digitais e as relações de trabalho: uma nova forma de trabalho, disfarçada de autogestão, no Brasil.

Abstract

This dissertation aims to discuss the structure used by digital platforms to provide services, their impacts on work relationships, analyzing themselves based on the primacy of the existing contractual nature between the worker and the legal platform in the face of absence own legislation and recurring repercussions in the labor field. A look back at revolutionary technological innovations and their impacts on previous business models is needed to understand the innovative shift of the 21st century into the shared economy, where end-to-end services like Uber represent a new social phenomenon. The widespread adoption of digital platform applications and their multiple services has led to several changes in working relationships, of which they have not yet developed a regulatory framework that allows this innovative - and, for some, “disruptive” business model to operate legally in the context Brazilian. For this, a bibliographic and descriptive research was carried out using the qualitative method, and an exploratory study with a deductive approach to review bibliographic sources and legislative texts. The studied showed through the analyzes carried out from the referenced authors and from the other consulted documents, that the provision of the service is sporadic, the worker who provides services in this modality of digital platforms must be recognized as a worker and have the same labor rights as workers guaranteed who have a continuous work contract. In the assessment of these requirements, the PL 4172/2020 defended here in this study, imposes the examination, mainly of the facts of the cause, not being determinant only what is formalized in writing, but what results from the practical relationship between the parties.