STF: Gilmar denies link between driver and transportation app

Justice Gilmar Mendes of the Supreme Federal Court (STF) denied an employment relationship between a driver and the transportation app Cabify. According to His Excellency, the Court has already ruled that there is no irregularity in the hiring of professionals through legal entities or as independent contractors to provide services inherent to the contracting party's core business, "thus concluding that 'outsourcing' through 'pejotização' is lawful."

In short, the case involves a constitutional complaint filed by the company against a decision by the 3rd Regional Labor Court (TRT) that dismissed the autonomous contractual relationship and recognized Cabify's employment relationship with a driver. According to the company, the regional court, by disregarding the existence of a service provision contract, disregarded the authority of the Supreme Court's decisions.

When analyzing the request, Gilmar highlighted that, in the judgment of ADPF 324, which analyzed the outsourcing bidding process, His Excellency had already pointed out that the TST “has placed serious obstacles to political options approved by the Executive and Legislative branches.”

He also pointed out that the social engineering that the Labor Court has attempted to carry out is “nothing more than a futile attempt to frustrate the evolution of the means of production, which have been accompanied by legislative developments in this area.”

Furthermore, it asserted that the Court had already ruled that there was no irregularity in the hiring of professionals through legal entities or independently, to provide services inherent to the main activity of the contracting party, “thus concluding that 'outsourcing' through 'pejotization' is lawful”.

“It appears that the authority complained of, by recognizing the direct employment relationship of a self-employed worker hired to provide services inherent to the core business of the contracting company, violates the understanding established in ADPF 324,” he concluded.

Thus, the judgment that recognized the employment relationship between the parties was overturned. 

The Chiode Minicucci | Littler law firm is working on Cabify's defense.

Article originally published on November 16, 2023 on the Migalhas website.