Análise do Projeto de Lei Complementar (PLP) nº 12/2024: é possível falar em "trabalhador autônomo por plataforma" diante das novas formas de controle do trabalho?

Abstract

The scope of the study in question is to analyze the compatibility of the concept “self employed worker on a platform” introduced by Complementary Law Project no. 12/2024 for app drivers. In this way, the research initially points out, succinctly, the evolution of labor law, from the perspective of its flexibility and the precariousness of employment relationships. In the second stage, the phenomenon of uberisation is analyzed with a close eye on the ways it materializes in the world of work. Furthermore, a study is made about the regulation of app drivers' work in Brazil, through considerations regarding Law n. 13.640/2018 and the examination of decisions by Superior Courts regarding the recognition (or not) of the employment relationship between drivers and application platforms. In sequence, the conceptualization of the factual-legal element of the employment relationship “subordination” is explored. Furthermore, in order to clarify how this element materializes in uberisation, the definitions of “algorithmic management” and “subordinate self-management” are presented. Finally, the characterization of the “platform self-employed worker” is examined, art. 3rd of PLP n. 12/2024 and, especially if it is possible to talk about truly autonomous work in the face of the particularities and complexities of the phenomenon of uberisation. To this end, in view of the proposed question, the bibliographical research method was used, especially studies relating to the areas of Labor Law and Sociology. In the end, it was concluded that it was not permissible to consider the activity carried out by app drivers as autonomous, taking into account the requirements established by the Project for this, given the obstacles existing in the labor legislation already in force and the failure to standardize the algorithmic management and subordinate self-management.