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Sharing economy via the uber application: comparative analysis of impacts on labor relations from an ILO and comparative law perspective

Grant number: 19/17909-8
Support type:Scholarships in Brazil - Scientific Initiation
Effective date (Start): May 01, 2020
Effective date (End): December 31, 2020
Field of knowledge:Applied Social Sciences - Law - Public Law
Principal researcher:Daniel Damasio Borges
Grantee:Ester Segalla dos Passos
Home Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

The advent of the Fourth Industrial Revolution brought with it the modernization of technologies, providing a favorable scenario for the rise of the sharing economy. This type of business is characterized by the use of the internet as a connection between the consumer and those who offer goods and services. With this, this dynamic gave rise to digital platforms, present in the most diversified branches of the market, being responsible for reframing the then known concept of work. In this standart, we highlight the emergence of Uber, a North American company operating in urban private transport, which developed an operating method marked by the extensive exploitation of partner drivers - considered self-employed -, by destining them low pay, dodging the maintenance of vehicles and not be responsible for any damage caused to partners. That said, the present research project is a comparative law study on how this matter has been understood by the Judiciary of the United States and Brazil regarding issues pertaining to the characterization or not of employment and, even, if there is a new working mode. In fact, the ILO conventions and reports on perspectives for working on digital platforms will be analyzed together, as well as the main caveats identified in this new modality. Through interdisciplinarity, with inputs obtained from labor law, sociology, international law and also through the analysis of jurisprudential reports, bibliographic works and articles from specialized journals, we seek to contribute to the understanding of the impacts of the shared economy, especially of the Uber company. in labor relations and comparative law.

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