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Brazil’s Top Prosecutor Urges STF to Reject Employment Link for App Workers on Eve of Hearing

The ruling will set nationwide precedent that could resolve roughly 10,000 pending cases.

Overview

  • Prosecutor-general Paulo Gonet filed a formal opinion on Tuesday opposing recognition of an employment relationship between drivers or couriers and platforms.
  • The opinion asks the Supreme Court to accept Uber’s extraordinary appeal against a Labor Court ruling that had recognized a CLT employment bond.
  • The STF opens the case on October 1 with the rapporteur’s report and oral arguments, with a later session expected to record the justices’ votes.
  • Two appeals are at issue: a TRT-3 case against Rappi and a TST decision involving Uber that cited telematic control to find subordination.
  • Gonet argues that recognizing a bond would violate the constitutional principle of free enterprise and conflict with STF jurisprudence allowing contracting outside the CLT, with Edson Fachin and Alexandre de Moraes serving as case rapporteurs.