A group of workers held, on the morning of Friday (15), in an event about the Faculty of Law of USP (University of São Paulo) with the presence of the president of the (Supreme Federal Court), minister.
Protesters held tracks and shouted against pejotization when I was called to compose the table of the seminar “work in the age of digital, climate and demographic transitions.”
They also mentioned the CEO of, Diego Barreto.
Before starting to speak, the minister waited for the demonstration to finish, thanked and greeted the protesters, and said he was willing to hear them.
“Life is made of dialogue,” he said. At the end of the lecture, he received the group, who presented him with his arguments, spoke about the work routine of application drivers and handed him a manifesto.
Over the validity of PJ (legal entity) contracts in the labor market, under the theme 1,389, which has general repercussion. This means that what is decided in this case will be valid for all types of the type in the country.
In April this year, the case is not reviewed by the Supreme Court. There is no date for the trial yet, but Mendes, who is the rapporteur of the action, scheduled for September 10 hearing to discuss the theme in which
The action that arrived at the Court is a case judged in the TST (Superior Labor Court) of contract between a broker and an insurer. Although it is a franchise case, Minister Gilmar Mendes made it clear that there is controversy and the pejotization should be discussed.
In TST, the broker lost the action. In the protest group there were delivery workers who criticized the minister for going to the party at the IFOOD CEO’s house, saying that he would support what they called precariousness.
The Supreme should also analyze whether the activity of application drivers has employment bond characteristics or is autonomous. So far, in the judgment of individual cases, the Court has been understanding that it is an autonomous work.
In his lecture, which opened the seminar, Minister Barroso dealt with artificial intelligence and labor law. It made it clear that AI (), digital platforms and other forms of work mediated by are news from the world that need to be treated by law, and that there is no way back in the changes brought by them.
For him, the law can no longer follow the speed of changes in the world of work and, therefore, it is necessary to seek some kind of regulation that meets both parties.
“You need to know what is the equilibrium point that you do not kill economic activity and in which you protect the worker,” he said.
“And the world of work will have to adapt. I think the right word today is adaptability, finding the balance between interests that are often opposite interests; the entrepreneur wants more profit and the worker wants more compensation,” he said.
The protest was organized by different trade union groups. One of the organizers, Antonio Ferreira de Barros, from the Central Popular Union Conlutas, confirmed Sheet that the demonstration was against the pejotization action that is being processed in the Supreme Court.
“It turns out that today companies have committed labor frauds, with PJ workers, and the whole discussion is that this is the responsibility of the Labor Court and that the STF is kidnapped. For us, that we are workers, it is absurd to try to establish a labor relationship as if the parties were equal,” he said.
In addition to Conlutas, representatives of the São José dos Campos and Region Metalworkers Union, the Jacareí, Caçapava and Jambeiro municipal servants, the interior of São Paulo, the Union of Lawyers and Sintusp (USP Union) were also participated in the protest.
As for Ifood workers, Barros said he understands that platforms are required to respect labor and social security rights. “Big techs don’t want to have responsibilities. There are a large portion of workers dying on motorcycles and without any social protection.”
At the end of his talk, Barroso received a group of unionists and application delivery. He heard the concerns of the category, asked questions about working daily life, and received a manifesto in defense of labor rights and human dignity.
Organized by the GTRAB-USP (Labor Law Study Group of the USP Faculty of Law), the Seminar was also attended by TST President Minister Maria Cristina Peduzzi, the president of Embrapa (Brazilian Agricultural Research Company), Silvia Maria Fonseca Massruhá.
