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Brazil's Attorney General Opposes Employee Status for App Drivers as Supreme Court Takes Up Case

The decision will set a nationwide precedent on platform work’s status under Brazil’s labor code.

Overview

  • Prosecutor General Paulo Gonet filed an opinion at the Supreme Federal Court arguing against recognizing an employment relationship between app drivers and platforms.
  • Gonet contends that classifying the work as CLT employment violates the constitutional principle of free enterprise and conflicts with the Court’s jurisprudence on platform‑mediated services.
  • The Court begins proceedings on Wednesday with the rapporteur’s report and oral arguments from the parties and amici curiae, with a separate session to read the justices’ votes.
  • The appeal, reported as involving Uber, was admitted with general repercussion, meaning the final ruling will bind lower courts nationwide.
  • The case challenges labor‑court rulings, including a TST decision and a separate action involving Rappi, that found elements of subordination sufficient to establish an employment bond.