Vínculo empregatício e a precarização do trabalho de entregadores de delivery: análise das implicações jurídicas do trabalho desempenhado por meio de aplicativo

Abstract

This article addresses the employment relationship and the precariousness of the work of delivery drivers, analyzing the social and legal implications of app-based work. The main problem is the uncertainty regarding the recognition of the employment relationship for these workers, as Brazilian legislation and jurisprudence do not provide clear support, especially in relation to legal subordination, which is strongly questioned by digital platform companies. The objective is to demonstrate the fragility of the relationship between application workers, who lack guarantees and face difficulties in obtaining recognition of their employment relationship. The justification lies in the relevance of the topic in Brazilian law, whose implications intensified during and after the COVID-19 pandemic, highlighting the omission of the legal system in the face of the recent "platformization". The conclusion points to the existence of legal gaps, but with a tendency towards advancement and modernization of laws.