Plataformas digitais de trabalho e o Direito do Trabalho: caminhos para pacificação pela regulação
Year: 2022
Type: dissertation
Abstract: The present research aims to analyze the work executed by digital labor platforms and intends to demonstrate that it is a specific type of labor, which must have its own and particular regulation, behold it does not fulfill the characteristics of work as employee, on the other hand, it needs a minimum level of protection and social rights, thus, contractual regulation with only implications of civil law is not enough.This conception comes after analyzing the impacts resulting from the implementation of new digital technologies in the labor environment and analyzing the effects that historically marked the implementation of technological innovations in labor activities, including the trend of expansion of businesses backed by digital platforms of digital work.It specifies the modalities of digital labor platforms and the characteristics of work activities in each of these modalities.It examines the historical context of the evolution of Labor Law, the possibilities of its expansion in the face of the impact of new technological measures in the work environment, especially regarding the effects of technology for the criterion of subordination as a framework and element for the legal protection of work.Further on, it studies and exposes the minimum civilizing, ethical and social delineations suitable for labor regulation of work platforms.Using Comparative Law, it analyzes studies and proposals from the International Labor Organization -ILO, as well as the legislation and law of countries that already have specific regulation for the work activity provided through digital work platforms, thus studying, French, Portuguese and Italian legislation on the particular point of labor regulation through digital work platforms.It also explores the scenario of national legislative proposals on the regulation of work performed in the form of a platform, considering the proposed law in comparison with the conclusions obtained in this research.
Author: Victor Santos Gasparini
Language: Portuguese
Topic: Legal and Labor Studies
Subfield: Industrial relations
Domain: Social Sciences
Open Access status: gold
OpenAlex ID: W4367181135