LABOR RELATIONS ON DIGITAL PLATFORMS: THE LEGAL FRAMEWORK OF APP WORKERS AND THE IMPACTS ON THE CONSOLIDATION OF LABOR LAWS (CLT)

Abstract

 Introduction: Contemporary Labor Law faces the complex challenge of fitting gig economy workers, specifically drivers and delivery workers, into the binary categories of the Consolidation of Labor Laws (CLT). Objective: To analyze the legal nature of the relationship between digital platforms and their service providers, confronting the assumptions of Article 3 of the CLT with the nuances of algorithmic management and the current jurisprudential divergence in the higher courts. Materials and Methods: The research uses a qualitative and exploratory approach, through a hypothetical-deductive method, based on an exhaustive bibliographic review and documentary analysis of precedents from the Superior Labor Court (TST) and the Supreme Federal Court (STF), focusing on General Repercussion Theme 1.291. Results: It is observed that, while the Specialized Courts recognize the presence of algorithmic and structural subordination, the STF has adopted a containment stance, overturning decisions in favor of the principles of free initiative and freedom of productive organization. Conclusion: The absence of specific regulations and the divergence between the higher courts generate a scenario of legal uncertainty and a protective gap, transferring the entire risk of the activity to the worker and marginalizing them from the social security and protection system.