Direito do trabalho x crowdwork: as decisões das cortes da Califórnia (EUA), Espanha e Reino Unido e dos tribunais superiores no Brasil

Abstract

This article aims to observe the main decisions handed down by the superior courts of California (USA), Spain and United Kingdom, which address conflicts between companies with a crowdwork economic model and the workers who work with these companies. From the understanding of the role played by Labor Law in labor relations, with a focus on the transformations brought about by the Fourth Industrial Revolution, mainly algorithmic subordination and mass outsourcing, it is possible to compare international decisions with the decisions issued by the Brazilian Superior Courts and to know the main foundations that support the agreements reached. Despite the majority foreign orientation to recognize the employment relations arising from this new economic model, or minimally determine the adaptive application of legislation to extend rights and guarantees to crowdworkers, the national legal system does not have a defined position, in face of which the question remains opened