A study on the regulation of digital platforms and the need or excess in the employment relationship

Um estudo sobre a necessidade ou excesso na regulação das plataformas digitais e a ausência de vínculo de emprego no Brasil

Resumo

The purpose of this article is to identify how the principles of labor law and the requirements of the employment relationship were applied to the case of the United Kingdom Court in which it recognized an employment relationship for Uber drivers and in a diametrically opposed decision of an Interlocutory Appeal in an appeal filed by the claimant, the 4th panel of the TST recognized the impossibility of a link between the driver and technological platforms. Thus, this article intends to raise the aspirations of Brazilian society in not wanting to import foreign laws anymore, without due analysis by the competent regulatory bodies, running the risk of these regulatory decisions not bringing any benefit to Brazilian society. The developed research adopts a basic review method on Digital Platforms, Uberization and Employment Relationship Requirements, where the procedure used was bibliographical research. As a result, we conclude that the objectives of this research are achieved by demonstrating that innovation has removed 85% of the world's population from extreme poverty in 200 years, which provokes reflections in the reader public on excessive regulation of innovation, if in fact there is a need more regulation, as we have enough tools to correct market failures.