Public policies of labor guarantee and the Brazilian industry of drivers by application: a Uber study in the City of São Paulo

Abstract

The advent of the sharing economy, also called collaborative consumption, gave rise to the emergence of a new form of work. Propelled by the creation of the Uber company, the category of drivers by applications (or driver-partners) composes a new sector in expansion. Generating both economic and social impacts, the legal labor relationship in this context is precarious, generating a situation of vulnerability of workers. Thus, in the face of the emergence of new forms of work, aiming at the growth of the country through the generation of jobs and income, public policies that guarantee the sustainability of this growth are necessary. The objective of the present study is to analyze the needs and vulnerabilities to which these workers are exposed, in order to guide the discussion about the sector's regulation policies, necessary to avoid the precariousness of this form of work, taking into account the protection of the fundamental rights of these workers and the realization of the right to decent work. It seeks, therefore, the primacy of the precepts of the human dignity and the protection of the worker, embraced by the Federal Constitution of 1988. Through a qualitative approach will be adopted, as methods of procedure, bibliographical research and the survey through the interview technique by guidelines with drivers by application of the City of Sao Paulo. The data will be analyzed through the technique of content analysis and the deductive method, seeking, based on the needs and vulnerabilities pointed out by the participants, together with the bibliographic content, to establish grounds for the development of adequate public policies for the protection of these workers and for the harmonization of this labor relationship. It is based on the premise that, rather than adapting pre-existing legislation for this new form of work, it is necessary to study the specific aspects of this new form of work, aiming at the realization of the fundamental rights of these workers and the balance of this relationship with a view to achieving the fundamental right to work and the sustainable growth of the country. (AU)