Federal Supreme Court (STF) minister Edson Fachin scheduled a public hearing for December 9 to debate the issue of the employment relationship between app drivers and digital platforms.
At the hearing, the minister will gather information to guide his vote on the so-called uberization of labor relations. Due to the year-end recess at the STF, the case should only be judged by the Court in 2025.
“There is no legal certainty if the citizen cannot know and understand what the content of the norm is and which norm will be applied in each specific case, thus creating a scenario of insecurity and uncertainty”, wrote the minister in the decision.
The main process dealing with the matter was filed by Uber. The company considers the decisions of the Superior Labor Court (TST) that recognized the platform’s employment relationship with an application driver to be unconstitutional.
The decision taken will have what is called general repercussion, a mechanism that obliges the entire Judiciary to follow the STF’s understanding after the judgment of a case.
Although several Labor Court decisions recognize the employment relationship, the Supreme Court itself has contrary decisions.
In December last year, the First Panel of the Court understood that there is no link between drivers and the platforms. The same understanding has already been taken by the plenary in decisions valid for specific cases.
Around 10,000 lawsuits are being processed across the country and are awaiting the Supreme Court’s final decision.
