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Brazil’s Labor Prosecutors Sue Uber Over Paid Driver ‘Passe’

Filed to Salvador’s labor court on Aug. 25, the complaint seeks suspension, refunds, access to Uber’s algorithm and R$321 million as a test of whether the fee shifts debt and control onto drivers.

Lançada em maio, a modalidade já opera em 29 municípios e tem previsão de expansão nacional

Overview

  • The Ministério Público do Trabalho filed a public civil action against Uber on Aug. 25 seeking immediate suspension of the ‘Passe para Motoristas’ program and R$321 million in collective moral damages.
  • The Passe lets drivers buy time-based passes (24 or 72 hours) or earnings-based passes to avoid per-ride service fees and is in tests in 29 cities with the Uber Moto option already nationwide.
  • Prosecutors say the model can cost drivers more than R$1,000 a month, reverses the platform’s business logic by making drivers pay for access to rides, and offers no guarantee of trips to recover the upfront cost.
  • The suit accuses Uber of using unilateral contract terms that let the company change or cancel passes without refunds and of automatically retaining future driver earnings to cover unpaid passes, a mechanism the MPT says can create permanent indebtedness and a condition similar to servitude by debt.
  • The case asks the court to compel Uber to hand over its algorithm source code to examine ride allocation and pricing and is pending judicial analysis, a decision that could set new rules on platform transparency and driver protections while Uber has issued mixed or no public responses.