A tutela coletiva dos direitos dos trabalhadores uberizados pelo ministério público do trabalho

Abstract

The research deals with the collective protection of uberized workers' rights by the Labor Prosecutor’s Office as an instrument of effective access to justice. The theme was proposed from the verification of the existence of obstacles to the individual access of uberized workers to the Labor Court. Due to the conclusion that the atomization of the demands of uberized workers has not had the power to offer them adequate legal protection, the collective action implemented by the Labor Prosecutor’s Office is presented as an alternative. Initially, were investigated the impacts of the Fourth Industrial Revolution on new forms of work organization, who are uberized workers and whether the elements of the employment relationship are present in the relationship established between them and the digital platforms. Then, were identified the material and procedural obstacles that present themselves to the individual access of uberized workers to the Labor Court. Beyond that, were investigated the characteristics of the brazilian model of collective process that can contribute to a greater effectiveness of collective protection to the detriment of the individual. Finally, were indicated the instruments of the extrajudicial and judicial actions of the Labor Prosecutor’s Office and has been analyzed the action carried out by the institution specifically with regard to uberized workers. It was possible to conclude that the Labor Prosecutor’s Office has played an important role in contributing to the improvement of working conditions in this group of workers, reducing the harmful effects that have been produced by this new productive model, based on the exploitation of labor on the margins of labor legislation.