Trabalho em plataformas digitais : transição produtiva e transição protetiva ao vulnerável

Abstract

This research aimed to understand the changes that have occurred in work relations resulting from the emergence of digital platforms. These platforms play a significant role in transforming economic activities and providing opportunities for independent workers. Ongoing technological innovations have driven changes in business models, enabling access to global markets and facilitating the connection between supply and demand for goods and services. However, these new forms of work bring regulatory and protective challenges for workers. Many of these workers are classified as independent contractors, which excludes them from the scope of protection offered by traditional labor laws, depriving them of fundamental rights such as paid vacations, retirement benefits, or sick leave. The apparent flexibility and control offered by the platforms may mask aspects of precariousness and economic dependence for socially vulnerable workers. Evaluation mechanisms, intense competition, and algorithmic control can lead to situations of vulnerability for workers. The current labor legislation seems to fall short of meeting the necessary protective needs in the context under study. In many cases, seeking a judicial resolution involves determining the status of workers in these platforms, i.e., whether they should be considered as freelancers or employees. This situation generates legal uncertainty and conflicting decisions. Therefore, there is an urgent need to establish a new normative framework that adequately protects workers in the context of digital platforms. This regulation must take into account the disruptive nature of this business model, ensuring fair remuneration, social security protection, and proper health and safety conditions. The research also analyzes ongoing legislative proposals in Brazil and other countries, seeking a deeper understanding of the challenges faced and possibilities for effective regulatory measures to protect workers. The goal is to find solutions that balance high levels of employability with fair participation in work, focusing on sustainable development and human dignity in the digital platform work environment.