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Brazil's Supreme Court Opens Gig-Work Hearings After PGR Opposes Employee Status

Justices opened hearings that will yield a binding thesis for more than 10,000 stalled cases.

Overview

  • The plenary session on Oct. 1 is devoted to reports and oral arguments, with the votes to be read in a subsequent sitting.
  • The court is reviewing an Uber appeal (RE 1446336, with general repercussion) and a Rappi complaint (RCL 64018), under relators Edson Fachin and Alexandre de Moraes.
  • Prosecutor General Paulo Gonet urged the court not to recognize employment ties, invoking free enterprise and prior STF precedents against applying CLT rules to app-based work.
  • Labor courts and some TST panels have recognized employment based on habituality and algorithmic control, which conflicts with earlier STF decisions and has fueled legal uncertainty.
  • The ruling will set a nationwide standard for more than 10,000 cases and could reshape costs, worker protections and platform models affecting an estimated 2.1 million app workers.