02/23/2024 – 19:19
Federal Supreme Court (STF) minister Edson Fachin voted this Friday (23) to recognize that the Court must nationally unify the issue of the employment relationship between app drivers and the Uber platform.
The Court began to analyze in the virtual plenary whether it will recognize the so-called general repercussion, a mechanism that obliges the entire Judiciary to follow the STF's understanding after the judgment of a case.
When voting to recognize the repercussion, Fachin mentioned that there are around 10 thousand lawsuits on the subject in the country and a definitive decision from the Supreme Court is necessary. The minister is the rapporteur of an action that deals with “uberization”.
“It cannot be forgotten that there are divergent decisions handed down by the Brazilian judiciary in relation to the present controversy, which has given rise to undeniable legal uncertainty. The disparities
of positions, instead of providing security and guidance, they worsen uncertainties and hinder the construction of a stable legal framework capable of offering univocal guidelines for Brazilian citizens”, stated the minister.
The virtual trial runs until March 1st. After deciding on the recognition of the general repercussion, the Supreme Court will schedule a new trial to definitively decide on the validity of the drivers' employment relationship with the apps.
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 with the platforms. The same understanding has already been taken by the plenary in decisions valid for specific cases.
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