The outsourcing of any and all activities, means or ends, is lawful, without this characterizing an employment relationship between the contracting party and the employee of the contracted party.
O ministro Luiz Fux, do Supremo Tribunal Federal, aplicou a tese vinculante fixada nos julgamentos da ADPF 324 e do RE 958.252 —Tema 725 para dar provimento a duas reclamações da empresa de transporte Cabify contra acórdãos que reconheceram o vínculo de emprego entre a plataforma e motoristas.
The overturned rulings were from the Regional Labor Court of the 3rd Region. In overturning both decisions, Fux noted that the Supreme Federal Court (STF) has already declared the constitutionality of outsourcing by private companies, both for core and non-core activities.
“In this scenario, the analytical comparison between the contested decision and the invoked paradigm reveals that there was a failure to observe the authority of the decision of this Supreme Federal Court, since the defendant court ruled out the effectiveness of a contract and declared the existence of an employment relationship between the app driver and the complaining platform, disregarding the understanding established by the Court that contemplates, based on the principles of free enterprise and free competition, the constitutionality of various models of service provision in the labor market,” it noted.
In light of this, Fux ruled that the TRT-3 violated the authority of the Supreme Court's decision in ADPF 324 and overturned the rulings. Cabify was represented by attorney Daniel Domingues Chiode.
Text originally published on October 4, 2023 on the Conjur website
English 
Português do Brasil 
Español