In the first vote in the STF, Dino is in favor of broad scope in the case about “uberization”

In his first vote as minister of the Federal Supreme Court (STF), Flávio Dino was in favor of the general repercussion in the process regarding the employment relationship between a driver and Uber. The ministers are not yet analyzing the merits of the action, only whether or not the result of the trial should be applied to similar cases being processed in other instances of the Judiciary.

This point is analyzed in the virtual plenary, where there are no debates and ministers only cast their votes, until this Friday (1st). It is also possible to simply follow the understanding of the case rapporteur, without submitting a written vote. With Dino’s vote, the score is 2 votes to 0 in favor of recognizing the general repercussion, a mechanism that obliges the entire Judiciary to follow the understanding established by the STF after the judgment of a case.

The rapporteur, Minister Edson Fachin, also voted for the broad scope of the decision. Dino only followed the rapporteur’s opinion, without presenting a written vote. At another date, the ministers will analyze the case in fact, that is, a special appeal presented by Uber against the decision of the Superior Labor Court (TST) that recognized the right to a formal contract of a service provider.

Currently, the Supreme Court has contrary decisions on the subject. In December last year, the First Panel of the Court understood that there is no link with the platforms. The same understanding has already been taken by the plenary in decisions valid for specific cases.

“The disparities in positions, instead of providing security and guidance, aggravate uncertainties and make it difficult to build a stable legal framework capable of offering univocal guidelines for Brazilian citizens”, said Fachin when defending the general repercussion on the last day 8.

“It is up to this Federal Supreme Court to provide a standardizing and effective response to Brazilian society regarding the compatibility of the employment relationship between app drivers and the company that creates and manages the digital platform, in view of the principles of free enterprise and social labor rights enshrined in the Constitution of the Republic”, wrote the rapporteur.