Regulação das plataformas digitais : uma análise acerca da necessidade de regulamentação para proteger os direitos dos trabalhadores

Abstract

The expansion of digital platforms has had a huge impact on the job market by offering more flexible employment opportunities than traditional ones, allowing workers to choose their working hours and earn extra income. However, this flexibility comes at a cost: precarious working conditions, characterized by the absence of social and labor guarantees that are provided for in our CLT, such as: health insurance, retirement and paid leave. This article seeks to investigate the urgent need to regulate these platforms, with emphasis on the proposed law that is currently being discussed, PL 12/2024, which aims to guarantee minimum rights for workers while preserving the flexibility offered by the model . The critical analysis addresses the debate between those who believe that regulation can impede innovation and technological advancement and those who argue that the absence of minimum rights results in social and economic exploitation and vulnerability. The present study also examines the challenges in classifying app workers, discussing the so-called "algorithmic subordination" and showing international examples of regulation. Finally, the article proposes public policies that seek to promote a fair and dignified work environment, which combines innovation and technological advancement, together with labor protection.