First Panel of the STF denies link between driver and app; plenary will analyze action

The First Panel of the Federal Supreme Court (STF) decided this Tuesday (5) that there is no link between a driver and the app company for which he provides services. The collegiate overturned a decision by the Regional Labor Court of the 3rd Region (TRT3) that recognized the employment relationship between a driver and the Cabify platform.

Unanimously, the magistrates followed the rapporteur, minister Alexandre de Moraes, against the decision of the Minas Gerais Labor Court. During the session, the First Panel sent another action challenging the decision of the Labor Court to the Court’s plenary for analysis. In this case, the plenary will judge a decision that recognized a labor relationship between a delivery man and Rappi. The ministers’ intention is to standardize decisions on the topic.

In at least four monocratic decisions, ministers considered the link between drivers and platforms as an alternative form of work. In his vote, Moraes stated that the Labor Court has repeatedly failed to comply with precedents from the Supreme Court plenary on the non-existence of a labor relationship between apps and drivers.

“He who is part of Cabify, Uber, iFood, has the freedom to accept the rides he wants. He has the freedom to set his own schedule and has the freedom to have other connections,” he said. The other ministers of the First Panel followed Moraes’ vote: Cristiano Zanin, Luiz Fux and Cármen Lúcia.

Despite following the rapporteur’s understanding, minister Cármen Lúcia expressed concern about the lack of social and social security rules for app workers. Therefore, the minister proposed that one of the processes be taken to the plenary for analysis. “I have no doubt that in 20 years we will have a very serious social and social security problem, because these people who remain in this uberization system do not have the social rights guaranteed in the Constitution,” she said.

The collegiate also accepted a suggestion from Minister Luiz Fux and sent a letter to the National Council of Justice (CNJ) with a survey of the complaints that have been received by the STF. The ministers considered that these actions demonstrate the Labor Court’s failure to comply with precedents defined by the Court.