2023-12-05 17:03:00
The First Panel of the Federal Supreme Court (STF) unanimously rejected, this Tuesday (5), recognition of the employment relationship of a transport app driverresponding to the request of the company Cabify and canceling the previous decision of the Regional Labor Court of the 3rd Region (TRT-3) of Minas Gerais.
The company argued, in the appeal presented to the STF, that the previous decision did not consider the Court’s position on the validity of outsourcing.
The application’s defense highlighted that a previous judgment had established the acceptance of other forms of civil contracting, in addition to the traditional employment relationship. It is worth remembering that Cabify closed its operations in Brazil in June 2021, during the pandemic.
Ministers Cristiano Zanin, Luiz Fux and Cármen Lúcia followed the vote of the rapporteur, minister Alexandre de Moraes. It is still possible to present appeals, and if a minister requests the case to be considered by the plenary, the topic can be discussed by all members of the STF.
During his vote, the rapporteur emphasized the freedom of app drivers to choose rides and set schedules, highlighting that this flexibility allowed for an increase in employment and income. [motorista] You are free to have other ties, you work on other things, you are not bound by the bond of exclusivity”, he said, adding that this is “a new way that has made it possible to increase employment and income”.
The rapporteur had already annulled the TRT-3 decision in May, now reaffirmed by the First Panel. In case of disagreement, theoretically, it is possible to file a motion for clarification.
The request for recognition of the employment relationship was initially rejected by the 31st Labor Court of Belo Horizonte in April 2022. In June of the same year, the 11th Panel of the TRT-3 decided, by majority, to recognize the relationship.
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