The Attorney General's Office changes its position and says there is no link between drivers and app companies.

The Attorney General's Office (PGR), now under the command of Paulo Gonet, released an opinion on Thursday (25) denying employment ties to a Rappi driver and changing its position regarding this type of demand.

In the document, the Attorney General states that the employment relationship decisions given by the Minas Gerais Labor Court contravene decisions handed down by the Federal Supreme Court (STF), with general repercussions in similar situations, in the sense of recognizing the constitutionality of different models of service provision in the labor market, among which is the intermediation of services by digital platforms.

Gonet also highlighted that the Court recognized the legal framework of the driver's self-employment, which would demonstrate the possibility that not all personal work should be subject to the Consolidation of Labor Laws (CLT).

For Daniel Domingues Chiode, the lawyer representing Rappi, the Public Prosecutor's Office's change of position, following an opinion from the Attorney General, reveals the conviction of those overseeing compliance with the law that these relationships are not governed by the Consolidation of Labor Laws (CLT). "And, most importantly, that app workers definitely cannot be treated as employees," he said.

With this ruling, two-thirds of the plenary vote is expected to support the non-existence of employment relationships between app-based drivers and workers. "We await the Supreme Court's final decision on the matter, possibly issuing a binding ruling to that effect," he adds.

The issue is considered of great importance, given that there are currently at least 1.5 million app drivers, delivery drivers, and motorcycle taxi drivers in the country, according to the Institute of Applied Economic Research (IPEA). Nearly 30,000 lawsuits on the matter are currently pending in the Labor Court, with claims totaling over R$3 billion.

The decision focuses on a complaint filed by the delivery company against decisions handed down by the 4th Panel of the Regional Labor Court of the 3rd Region (TRT3) of Minas Gerais and the 2nd Panel of the Superior Labor Court (TST). The regional court had recognized the employment relationship as an intermittent contract.

Article originally published on January 28, 2024 on the Infomoney website.