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[POLITICS] · Brazil · 57 sources

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Brazil Supreme Court resumes judgment on app driver employment status FAST-MOVING

The Brazilian Supreme Federal Court (STF) is resuming the judgment regarding the legal relationship between app-based drivers and digital platforms, a phenomenon known as “uberization.” The court will evaluate two specific actions, reported by ministers Edson Fachin and Alexandre de Moraes, following appeals from Rappi and Uber. These companies contest previous labor court decisions that recognized formal employment bonds with drivers and delivery workers. Uber argues it is a technology company rather than a transport provider, claiming that recognizing employment ties violates the constitutional principle of free economic initiative. Rappi has also argued that such decisions disregard previous court understandings regarding the lack of formal employment for delivery workers. Additionally, the Prosecutor General's Office (PGR) has submitted an opinion opposing the recognition of employment bonds between drivers and digital platforms.

In a separate legal matter, the Labor Public Prosecutor's Office (MPT) has filed a civil public action against Uber's Brazilian branch. The MPT is seeking the immediate suspension of the “Passe para Motoristas” program nationwide, requesting the full restitution of deducted amounts and R$ 321 million in collective moral damages. The MPT alleges the program, which requires advance payment of fees to accept rides, transfers economic risk entirely to workers and could constitute digital debt servitude. Uber has refuted these accusations, stating the program is a commercial alternative being tested to provide cost predictability for partners.

Entities

Brazil · Cláudio Langroiva · Federal Police · Ministério Público do Trabalho · PRTB · PSB · Pablo Marçal · Rappi · Regis de Castilho · Supreme Federal Court · Supremo Tribunal Federal · TRE-SP

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