A regulação da jornada de trabalho dos motoristas profissionais e a geração de custos às empresas prestadoras do serviço de transporte rodoviário de carga

Abstract

This dissertation investigates the efficiency of transportations, logistics and cargo companies in terms of possible costs caused by the implementation of law 12.619/2012, changed by law 13.103/2015, especially on the 6th article of the latest law, wich is responsible for determining the mandatory control of the working hours of the motor employed drives. The problem to be answered is if the changed legislation impacts on the companies operations those who provide the cargo transportation service in view of the possible increase in their costs. To fill out this gap the literature review presents the content of the refered article and the jurisprudential position regarding the previous period and the following period of its validity with the year of the promulgation of the first regulatory norm (2012) as the temporal dividing point. To facilitate the understanding of the analysis of the results, the history of the cargo transportation sector is discussed and concepts of economic analysis of the law are presented. The research is suspported by a qualitative case study of a company that works in the transportation sector with national representativeness. This particular company was chosen due to its notoriety in the transportations business in Brazil. Data collection took place between the years 2017 and 2018 through the submission of a questionnaire and an interview with the company legal adviser. The results show that the impact of the application of the labor control legislation to the drivers of the stuied company is inefficiente from the economic point of wiew while producing repercussions that bring efficiency when analyzed non pecuniary aspects.