Uberização: A (in)existência do vínculo empregatício entre os motoristas de aplicativo e a Empresa Uber.

Abstract

Transport applications arrived in Brazil with the purpose of improving and solving challenges related to urban mobility in cities, providing greater convenience and efficiency in the movement of the general population, all at affordable prices, to serve all social classes. However, uncertainty remains regarding the status of drivers, whether they are considered employees of the company or are self-employed. This ambiguity has led to divergences in the Regional Labor Courts, with some judges understanding that there are requirements to recognize the employment relationship between drivers and the company Uber, while others have an opposite perspective. In the present work, the hypothetical-deductive approach method was used to reach specific propositions, being verified in legislation, doctrine and jurisprudence. The research is qualitative in nature and bibliographical research technique. This study focuses on the analysis of court decisions, and seeks to investigate whether or not there is an employment relationship between app drivers and the company Uber. Therefore, as a result of effective monographic research, it can be seen that the absence of at least the essential requirements is enough to distort the employment relationship. Furthermore, due to differences in interpretation, it is imperative to carry out the present study