O direito à desconexão no trabalho de plataforma: impactos e desafios jurídicos e socioeconômicos

Abstract

This dissertation investigates the possibility of applying the right to disconnect to digital platform workers, focusing on drivers and delivery people, regardless of their legal ties with intermediary companies. Based on the transformations brought about by the Fourth Industrial Revolution, the work analyzes the emergence of digital platforms as new institutional structures for organizing work, reflecting on their impacts on workers' health, dignity, and free time. Based on the Transaction Cost Theory of the New Institutional Economy, the characterization of digital platforms as autonomous forms of governance is analyzed. The right to disconnect is examined in the Brazilian legal system, based on the 1988 Federal Constitution and international standards, as well as through a comparative analysis of the legislation of countries such as France, Spain, Italy, Chile, and Portugal. Finally, it is proposed that the right to disconnect be incorporated in Brazil through the Regulatory Norms of the Ministry of Labor and Employment, especially to guarantee the protection of the health and safety of platform workers. The study concludes that the right to disconnect constitutes a legal and social imperative compatible with the fundamental principles of the Democratic State of Law.