Banca de QUALIFICAÇÃO: ILAN FONSECA DE SOUZA

Uma banca de QUALIFICAÇÃO de DOUTORADO foi cadastrada pelo programa.
DISCENTE : ILAN FONSECA DE SOUZA
DATA : 01/10/2021
HORA: 14:00
LOCAL: Sala virtual com link de transmissão ...
TÍTULO:

Driving Uber: legal subordination identified from ethnography

PALAVRAS-CHAVES:

Uberization. Subordination. Employment relationship. Ethnography

PÁGINAS: 190
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Privado
ESPECIALIDADE: Direito do Trabalho
RESUMO:

The research seeks to understand the phenomenon of uberization as a new business strategy for concealing the employment relationship and precariousness of labor rights. Uberization, as a new type of work, will be analyzed from a legal, sociological and anthropological perspective, in order to identify how the concept tries to resemble autonomous work that excludes the application of labor laws. The matter is on the agenda, considering that there is no consolidated position of the courts, nor society, regarding the extension of labor rights to uberized workers. It is intended to investigate whether the provision of services by Uber drivers is subsumed one of the requirements of the employment relationship, subordination. It tries to answer the following question or problem: is the work carried out through digital platforms truly autonomous or can it be characterized as an employment relationship? The hypothesis defended is that the uberized work characteristic of platform capitalism can be synonymous with wage earning and employment relationship, as it is present in classical subordination, the main element of this legal relationship. This research proposal consists of three axes, namely: legal, sociological and anthropological. As a research method, there was a literature survey, reading, analysis and systematization of bibliographic material that culminated in a theoretical study on the subject with the aim of understanding, from the scientific production of different scholars of Labor Law, of Economics, History and Sociology, using the inductive method and integrative synthesis, the concept of subordination and uberization. With a legal focus, Chapter I tries to capture the moment when European labor doctrine and jurisprudence inaugurate the conceptual elements of the employment relationship, and since when Brazilian doctrine and jurisprudence adhere to the concept of subordination coming from Europe. In addition to the bibliographical research, documents such as court decisions were consulted. In the second chapter, the sociological concept of uberization and related themes was presented, such as collaborative economy, GIG economy, platform capitalism, revolution 4.0, among others, also seeking to identify the legal and jurisprudential panorama, in the country and in the world, on the recognition of this type of work as an employment relationship: jurisprudential research fits into sociology and legal hermeneutics. The theoretical research undertaken suggests that the concept of subordination is fully applicable to the work traditionally performed by drivers of the Uber application. In the third chapter, the central part of the thesis, an ethnographic, empirical study will be carried out in the form of fieldwork, framed as participant observation by submitting the researcher to the parameters of service provision through the Uber digital platform. The anthropological approach intends to immerse itself in the uberized world of work, carrying out a personal experience, lasting three months, from December 2021 to February 2022, and about 270 hours of use of the application in question, in a leased car, to understand how the current mechanisms for disciplining the workforce work, in other words, to understand how subordination manifests itself in uberization.

MEMBROS DA BANCA:
Externa à Instituição - LORENA VASCONCELOS PORTO - UPM
Externa à Instituição - RENATA QUEIROZ DUTRA - UnB
Externa ao Programa - 1619365 - CRISTIANE MUNIZ THIAGO
Interno - 1716530 - HERBERT TOLEDO MARTINS
Presidente - 1556362 - ROBERTO MUHAJIR RAHNEMAY RABBANI
Externo ao Programa - 1582024 - SERGIO EDUARDO MARTINS PEREIRA