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[BUSINESS] · Brazil · 21 sources

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Uber faces R$ 321 million lawsuit over driver subscription program

The Brazilian Labor Public Ministry (MPT) has filed a civil public action against Uber Brasil, seeking the suspension of its “Passe para Motoristas” (Driver Pass) program. The MPT is requesting R$ 321 million in collective moral damages and the refund of all fees previously paid by drivers.

The program, which has been implemented in 29 cities, allows drivers to pay an upfront subscription fee to access rides for a set period (24 or 72 hours) or until a specific earnings threshold is met. The MPT argues that this model shifts business risks from the company to the worker, potentially creating a state of debt bondage and dependency that could be characterized as labor analogous to slavery.

Uber has refuted these claims, stating that the accusations are based on ideological positions and a misunderstanding of the platform's operations. The company maintains that the subscription model is an alternative to traditional per-ride fees and is currently in a testing phase.

In a separate regulatory matter in Imperatriz, the municipal consumer protection agency (PROCON) fined both Uber and 99 a combined R$ 1.67 million following over 500 complaints. Drivers were reportedly pressuring passengers to pay amounts different from those displayed in the apps.

Additionally, the Bahia Court of Justice upheld the exclusion of an Uber driver who canceled 64% of accepted trips, ruling that the company acted within its rights using platform data as evidence of service disruption.

Entities

99 · Brazil · Ministério Público do Trabalho · PROCON Imperatriz · Tribunal de Justiça da Bahia · Uber

Sources