As relações laborais em plataformas digitais de trabalho localizado: gestão algorítmica, autogerenciamento subordinado e a subversão do modelo autônomo de labor

• Ano de defesa: 2022
• Autor(a) principal: Ramos, Gleydson Bezerra
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal da Paraíba; Brasil; Ciências Jurídicas; Programa de Pós-Graduação em Ciências Jurídicas; UFPB
• Palavras-chave em Português: Direito do trabalho; Plataformas digitais; Autonomia laboral; Controle algorítmico; Subordinação algorítmica; Labor law; Digital platforms; Labor autonomy; Algorithmic control; Algorithmic subordination; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://repositorio.ufpb.br/jspui/handle/123456789/27077

This master's thesis has as its object of study the labor relations intermediated by digital platforms for localized work, with emphasis on the analysis of the contradictions arising from the algorithmic control over the provision of services and its reflections on the autonomous labor model. Despite the discourse of autonomy, the performance of work in this context is mediated by a modern system of algorithms, which limits the freedom of decision of workers, who are unilaterally classified as autonomous by these platforms. Because of this, an impasse is created regarding the legal nature of these relations since this algorithmic control can show the existence of subordination of these workers. Alongside this problem, the following question is posed: Does the control and management of work intermediated by digital platforms characterize a subversion of the autonomous labor model, capable of giving rise to the existence of a subordinate logic of its own? The general objective is, therefore, to analyze whether the control and management of human labor by these digital platforms hurts the autonomous labor model, giving rise to the existence of a subordinate logic proper to these relations. The method applied, in the first place, is based on a qualitative approach to the problem, using bibliographic and documentary research techniques. The analysis is guided by the principle of the primacy of reality over form, and takes as paradigm for such, the conduct used by Uber in the control and management of work on its digital platform. Furthermore, as a way of contesting the existence of autonomy in the relationships in question, a study is conducted on the forms of manifestation of subordination, so that one can, at the proper time, determine how it presents itself in this scenario. Finally, it is possible to verify the hypotheses formulated that the control and management of human labor hurts the supposedly autonomous nature of these labor relations; and that the use of algorithms as a means of enabling this control reveals the existence of a subordinate element of its own within these relations. The result of this study points out not only the incompatibility of management by algorithms in digital platforms of localized work with the autonomous model of labor, but also the coexistence of a subordinative logic, represented by the phenomenon of algorithmic subordination.