The Employment Status of Platform Workers: The Brazilian Experience of Court’s Artificial Selection

This article examines the evolving judicial landscape surrounding ride-hailing platforms in Brazil, where both common and specialized labor courts have had divergent interpretations of whether there is an employment status or a commercial contract between workers and platforms. Globally, the regulation of platform work remains a challenge, with conflicting perspectives on labor rights, platform responsibilities, and worker’s status often making the courts the primary arenas for resolving these disputes. This article centers on the recent debate in Brazil on the employment status of ride-hailing drivers, brought to light in the context of the Extraordinary Appeal RE1446336, filed by Uber Do Brasil Tecnologia Ltda in the Supreme Court against a labor court decision in favor of the employment relationship. Drawing on John R. Commons’ concept of artificial selection, we explore how judicial rulings shape business practices by stabilizing disputes through selected working rules and customs. Additionally, using the Legal-Economic Framework by Sarah Klammer and Eric Scorsone, we analyze the employment status and civil contracts in terms of jural relations. The article concludes by reflecting on how the judiciary may enable business practices that hinder reasonable labor relations standards and reinforce platform economy imbalances.