The phenomenon of work platformisation

a critical essay from the perspective of subordination

Abstract

This article aims to encourage the debate surrounding the phenomenon of platformisation of work in Brazil, using as a parameter the activity carried out by drivers of rideshare applications. We sought to identify the existence of the factual-legal elements that characterize the employment relationship in such a context, especially subordination, given the arguments that oppose each other regarding this topic. Furthermore, central arguments used by fractional bodies of the Superior Labor Court to support different decisions on the same matter were presented, as an illustration of the discussion, with critical considerations being made about each of them to demonstrate the divergence that exists within the Court on the topic and to reach a conclusion on the matter. The method used was a traditional legal approach and the research techniques applied were bibliographic and jurisprudential. The conclusions were developed throughout the text and rescued and organized at the end.