Transport apps need to be seen through the changes brought about by the shared economy
Explain that the specific case is inserted in the context of the shared economy, a new economic model, characterized by the intermediation of technological solutions.
The decision of the 8th Labor Court of São Paulo drew the attention of the legal community, within the scope of a Public Civil Action filed by the Public Ministry of Labor, which condemned a company that intermediates between partner drivers and their customers, recipients of express orders, when recognizing the employment relationship configuration, in contrast to a civil digital intermediation contract for the provision of services, determining in sentence a set of obligations to do, in addition to a monetary compensation of R $ 30 million destined to charitable institutions.
Explain that the specific case is inserted in the context of the shared economy, a new economic model, characterized by the intermediation of technological solutions, which provided scalability, in sharing activities, in transactions from person to person (peer-to-peer), being markedly horizontal relationships, based on decentralized networks and marketplaces. In this context, the company involved provided digital intermediation services for autonomous drivers, who were not hired by the platform, but voluntarily adhered to the virtual business environment, in which service providers directly hired these autonomous drivers to deliver small orders.
Disruptive innovations that promote major transformations in social relations demand caution in the legal treatment that is given to them, so that scenarios of excessive regulation or penalties are not organized that make it impossible to continue their activities, avoiding the creation of unnecessary limits to development and creation new businesses, ensuring free enterprise while stimulating the adaptation of the national economy to the new world economic flows, seeing the opportunities brought by the sharing paradigm for the whole society.
It is in this sense that caution is required in the use of techniques, in the application of the law, which can broaden the meaning of the legal norm, in order to avoid indeterminations where the legislation is clear and exhaustive, avoiding results that broaden legal concepts and not approach the objectives of the legislator. In other words, the principiological framework that structures the national legal system requires consideration in interpretation and application, so that it does not extend to situations that were not originally provided for by law.
The Superior Court of Justice, in the judgment of the Conflict of Jurisdiction 164.544 / MG, involving a case of account suspension in an individual private passenger transport application, understanding the changes brought about by the shared economy, as a new modality of economic interaction, which organized a peer platform markets, understood that the conflict had a civil nature, being the jurisdiction of the Common Justice to process and judge the deed, considering that the executors of the activity act as individual entrepreneurs, with no employment relationship with the company owner of the platform.
The connection between supply and demand is already observed, for example, in the sharing of rides, accommodation, music, movies, cargo transportation on highways, care for pets, 3D printing, private passenger transport, express deliveries, collaborative tourism. It is, therefore, an economic model with the potential to contribute to the economic growth of a country, protection of the environment, distribution of income, through the shift between the paradigm of the acquisition of products and services to that of sharing.
So much so that Law no. 13,640 / 2018 recognized the nature of a private service to carry out individualized or shared trips requested exclusively by users previously registered on applications or other network communication platforms, that is, application drivers in the perspective of sharing goods and services between individuals through the use of a technological application.
Thus, the way people relate to each other in the shared economy needs to be seen in the sense of the benefits that this new model provides to society, in an attempt to recover economic growth in Brazil, moving away from scenarios marked by bureaucratization and difficulties in generating income. new jobs, recognizing the incentives of platforms that bring supply and demand closer together, for the mutual benefit of all stakeholders.
By: Wilson Sales Belchior