STF has majority in favor of broad scope for future decision on “uberization”

The Federal Supreme Court (STF) formed a majority vote this Wednesday (28) in favor of determining that the future decision on the link between workers and application platforms has broad scope. So far, the score is six votes to zero due to the general repercussion of the trial. The ministers are not yet analyzing the merits of the action, that is, the specific case.

The general repercussion is the mechanism that forces the entire Judiciary to follow the understanding established by the STF after the judgment of a case. This point is analyzed in the virtual plenary, where there are no debates and ministers simply cast their votes and indicate whether they follow or disagree with the rapporteur. The analysis will close on Friday (1st).

The rapporteur, Minister Edson Fachin, voted for the broad scope of the decision. Ministers Flávio Dino, Cármen Lúcia, Alexandre de Moraes, Luiz Fux and André Mendonça followed Fachin’s understanding. The following have not yet voted: Dias Toffoli, Gilmar Mendes, Nunes Marques, Cristiano Zanin, and the president of the STF, minister Luís Roberto Barroso.

On another date, not yet defined, the ministers will analyze a special appeal presented by Uber against a decision by the Superior Labor Court (TST) that recognized the right to a formal contract of a service provider.

With the approval of the general repercussion, the thesis defined by the ministers in the analysis of this case should be applied to similar disputes being processed in other instances of the Judiciary.

When defending the general repercussion, Fachin stated that “the disparities in positions, instead of providing security and guidance, aggravate uncertainties and hinder the construction of a stable legal framework capable of offering univocal guidelines for Brazilian citizens”.

“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.