A ilusão da autonomia: para onde irão os direitos sociais no capitalismo de plataforma?

Abstract

The restructuring of capitalism at the end of the twentieth century, driven by information and communication technologies and by the collapse of the then-prevailing economic model, gave rise to platform capitalism. This process was marked by deregulation, privatization, globalization, and flexibilization, resulting in the emergence of digital platforms. Under the illusion of autonomy and flexibility, this business model has promoted a profound reconfiguration of labor relations. Within the scope of digital service platforms, such as Uber, workers are designated as “partners” or “independent contractors,” thereby being deprived of labor rights and social protections. This reality raises serious concerns about the violation of human dignity in favor of economic interests. In light of the transformations in the organization of work, this dissertation proposes the following research problem: does the discourse of digital service platforms, centered on their business function as technology providers and on the autonomy of drivers, justify the exclusion of workers from social and labor law protection? To address this question, the following objectives are established: to contextualize the informational phase in the development of capitalism, which emerged within the informational society, in contrast to earlier phases of the mode of production; to explain, using Uber as an example, how digital service platforms, as specific social techniques of the informational phase of capitalism, employ information and communication technologies in conjunction with discursive elements to promote the reconfiguration of labor relations; and to assess, based on Uber’s operations and the jurisprudential uncertainty surrounding the protection of “uberized” workers, the consistency of the discourse advanced by digital platforms-grounded in their business function of technological development and the promotion of autonomy - against the exclusion of labor legislation in light of the actual conditions faced by these workers. The research adopts the deductive method, starting from general concepts established in Labor Law - particularly the legal requirements for characterizing an employment relationship - and from contemporary theories on platform labor. Based on these premises, it seeks to determine whether the concrete reality of platform workers constitutes an employment relationship or, conversely, confirms the autonomy propagated in the platforms’ discourse. The analysis of the restructuring of labor under capitalism; the use of discursive elements grounded in autonomy, freedom, and flexibility; and the application of information and communication technologies, through algorithms that direct, monitor, and control the provision of services, has led to the conclusion that the rhetoric of platforms - centered on their business function as technology companies and on the autonomy of drivers - does not justify excluding these workers from social and labor law protections. On the contrary, such rhetoric supports their exclusion from labor and social rights guaranteed by the 1988 Federal Constitution. Due to the jurisprudential uncertainty regarding the protection of “uberized” workers, this scenario has generated significant tensions between the Labor Courts and the Supreme Federal Court. By prioritizing the principles of free enterprise and free competition, the Supreme Court has compromised the effectiveness of the principle of human dignity. Within this perspective, the present dissertation analyzes human dignity as a fundamental right, examining how digital service platforms have used information and communication technologies to manage and control drivers’ work, as well as the consequences of this model for contemporary labor relations, particularly the exclusion of workers from labor and social protections under the CLT. The study is framed within the area of concentration “Fundamental Rights and Guarantees” of the Graduate Program in Law at the Faculdade de Direito de Vitória (FDV), under the research line “Democracy, Citizenship, and Fundamental Rights”, and demonstrates full alignment with the main themes investigated and developed by the academic advisor, Professor José Luis Bolzan de Morais, particularly within the research group he leads, State & Constitution. Furthermore, it aligns with the United Nations Sustainable Development Goal (SDG) No. 8, which addresses decent work and economic growth