Uma análise sobre a natureza jurídica da relação de trabalho entre motoristas de aplicativo e a empresa uber

Abstract

The main purpose of this article is to carry out an analysis of the social and legal aspects of the working relationship between application drivers and the company Uber do Brazil. It is a new labor relationship that is gaining more and more notoriety due to the increasing judicialization requiring recognition of employment, and responsible for causing substantial changes in the way of work organization, with many peculiarities. In order to answer the controversial points about the legal nature of this relationship, whether drivers should be recognized as employees, self-employed workers, or whether we are dealing with a labor activity lacking regulation, bibliographic research and document analysis were used, taking into account as sources, the provisions in the Consolidation of Labor Laws (CLT), as well as the doctrine and jurisprudence on the subject, concluding that the CLT parameters for characterizing the employment link are insufficient in view of this new way of organizing work, needing urgent and necessary legislative innovation to regulate this activity, and to support these workers.