ESCAPE FROM SOCIAL LAW

THE BEHAVIOR OF THE LABOR JUDICIARY REGARDING THE HIRING OF APPLICATION WORKERS

Abstract

Neoliberal thinking referred to the concept of "worker" to synonymous with "collaborator" and "exploitation" for "partnership". In turn, the processes of work organization concentrate the core of the entire social structure. The new modus operandi promoted by Information and Communication Technologies (ICTs) in the information society profoundly affected the social relations of production inherited from industrialism, since they led to induced flexibility, so that they conjecture the precariousness of human labor. In view of the current context of the impact of new technologies on labor relations, this work aims to briefly analyze the behavior of the Labor Judiciary with regard to the employment relationship of workers of digital platforms. For methodological purposes, the present work is a qualitative research with a deductive and exploratory character, in addition to bibliographic and documentary survey. It is understood that the Labor Reform marked the behavioral change of the Labor Judiciary, given that before, they claimed that parasubordination was a form of precariousty that should be prevented by Labor Law. However, after the validity of Law 13.567/17, the courts began to argue that the new forms of hiring work made through digital platforms are modern forms of service provision and that they do not agree with the characteristics of the employment relationship configured in Art. 3 of the CLT. Thus, it is understood that it would be necessary to reread the concept of legal subordination, in order to better adapt the metamorphoses of contemporary employment relationships. The legislative update postponed to an indeterminate future the solution of the social problem involving the work of digital platforms.