Natureza jurídica do vínculo entre os motoristas e a empresa Uber: trabalho autônomo ou relação de emprego?

Abstract

The application Uber is a startup known worldwide. It was designed by two friends entrepreneurs in Silicon Valley, who were in Paris, seeking new alternatives to invest, when they remembered how difficult it was to call a taxi in San Francisco. From there, they thought in designing an application that would simplify the call of a means of transport. Considering that the company has not officially presented its social object as "individual transportation of passengers", but as "intermediary between driver and user", prices were reduced. Therefore, in all the towns where it first began its transmission, had to face, on the part of taxi drivers, protests and judicial voltages with respect to the areas of free competition. The absence of voluntary recognition of the link relationship is another factor that contributes to the practice of lower prices in comparison with the pre-existing market because the company says that it is only an application, and its workers (drivers) are only collaborators, denying the subordination with these. It emphasizes the divergence of jurisprudence in the context of the paternal law with regard to the legal nature of the relationship in question. The present research is justified because of the need for the Legal Science Monitor, understand and deal with the changing relations in their midst, occasioned by the emergence of new technologies and production methods that have changed the concept of subordination in the whole world. Finally, it should be emphasized that the main characteristics of the application form with which some countries, such as England, acknowledge the bond due diligence in its territory.