Flávio Dino says Supreme Court ruling on 'uberization' could be postponed until 2026.
According to the Supreme Court Justice, the verdict will not end the controversies, but it should offer greater legal certainty for workers and companies.
247 - The Brazilian Supreme Court (STF) began this week the trial regarding the so-called "uberization," a work model mediated by apps. According to Justice Flávio Dino, the decision could be concluded as early as 2025 or postponed until 2026. According to the... Folha de S. PaulDino stressed that the verdict will not end the controversies, but should offer greater legal certainty for workers and companies like Uber and iFood.
The Supreme Federal Court (STF) must guarantee basic rights.
The minister stressed that he will not yet reveal his vote, but reinforced the importance of guaranteeing a minimum set of constitutional rights, even without a direct link to the CLT (Brazilian Labor Law).
“I believe, and this is my approach, that the central issue is to say that new forms of work exist, are admissible, and are part of society in the face of technological intensification, but this cannot mean sacrificing a minimum level of rights,” Dino stated, according to the report. Among the rights mentioned are vacations, paid leave, the 13th-month salary, and participation in Social Security.
Companies and workers present arguments.
On Wednesday (1), lawyers for drivers and delivery workers, as well as representatives from companies like Uber and iFood, presented their views at the STF. Dino stressed that his vote could be adjusted until the end of the trial, according to the considerations presented.
Humor and biblical references
During his participation in the congress, the minister also spoke about "pejotização" (the practice of hiring workers as independent contractors to avoid labor laws) and outsourcing, eliciting laughter when he joked about data presented by iFood regarding peak hours. "Regardless of that, we already use it during those times. And in my case, as you can see, I use iFood quite a lot," he said.
He also used biblical passages to reinforce his defense of paid rest: "God made the world in six days and rested on the seventh. Man was not made for the Sabbath, but the Sabbath for man."
Balanced debate at the Supreme Court.
Dino emphasized that the Supreme Court must address the issue with balance, avoiding both legal denialism and the view that all new forms of work constitute fraud. "There are relationships of subordination, even if attenuated," he highlighted, citing surprise at learning that workers can lose access to the best rides after a single day disconnected from the platform.
