See the next steps in the STF discussion on the relationship between workers and application platforms

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The court’s decision on this issue will apply to all cases in the lower courts. There is still no date for the Supreme Court to conclude its judgment on the case. On Friday (1st), the Federal Supreme Court (STF) concluded, unanimously, that a future decision by the Court on the existence of an employment relationship between workers and application platforms will apply to all instances of Justice. The technical term is “general repercussion”. The ministers will decide whether this link exists or not and will establish a type of guide to be applied in similar cases in lower courts. Although the first trial — on the general repercussion — has been concluded, there is still no date for the second: precisely what will judge whether or not there is a link. Until then, a series of measures can be taken by the process rapporteur, Minister Edson Fachin. Understand the next steps in the questions and answers below: What have the ministers already decided? The Supreme Court applied the general repercussion regime to the appeal. This means that, when the process is analyzed by this system, the ministers’ decision will not only be for the characters in the specific case. A ruling by the Court will be applied to other cases on the same topic that are being processed throughout the structure of the Judiciary. The general repercussion is applied to issues that deal with topics related to the Constitution and go beyond the interests of those who participate in the process that is used as a basis. These are themes with social, economic or political relevance. According to the rapporteur, Minister Edson Fachin, the debate involves constitutional principles such as legality, social values ​​of work and free enterprise, the free exercise of professions and free competition. App drivers: project provides for minimum remuneration What remains for the Supreme Court to analyze? A date will still be set for the ministers to analyze the content of the appeal, that is, its merit. On this occasion, the Supreme Court will decide whether there is an employment relationship between drivers and delivery people and the applications. The decision will be made based on the Constitution. If the court understands that there is an employment relationship, the platforms must bear labor rights provided for in the Consolidation of Labor Laws — salary, vacation, thirteenth, social security contributions and FGTS. What can happen before the final judgment? Once it is decided that the proceeding will have general repercussions, the process will go through some stages until judgment, which can be determined by the rapporteur. Among them, it is possible that Fachin will call public hearings to discuss the case, since, in addition to the characters in the process, other institutions have asked to present technical information. Fachin may also order the suspension of all processes on the subject, until the outcome of the case. In his own vote on the general repercussion, the minister stated that there are an estimated 10 thousand cases being processed on the issue in the Labor Court. What is a thesis? When judging by the general repercussion system, the Supreme Court prepares a short text, called the thesis, which summarizes its conclusions about the case. This text contains a series of guidelines that must be applied by judges and courts across the country in similar cases. If this does not occur, that is, if the guide is not applied in a case that also deals with the same topic, the parties may question non-compliance. Has the Supreme Court dealt with the employment relationship between workers and apps on previous occasions? Yes, the Court has already looked into the matter, in individual decisions and in a judgment by the First Panel, in December last year. Although these understandings contribute to the formation of the court’s set of conclusions on the case (the so-called jurisprudence), they do not have the same binding force as a thesis of general repercussion. So far, ministers and bodies have rejected the existence of a link between drivers, delivery people and apps. The cases that reach the Supreme Court come from the Labor Court, which has followed the opposite path, recognizing the employment relationship.

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