Banca de DEFESA: NADINE TUANE HENN

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : NADINE TUANE HENN
DATE: 03/02/2025
TIME: 14:00
LOCAL: SALA A1-04 - FACULDADE DE DIREITO - UnB
TITLE:

From Neoliberal Rationality to the Rationality of Decision-Making: Analysis of Judgments by the TRT 10 on Uberization

KEY WORDS:

discourse analysis; contractualization; algorithmic subordination; uberization.

PAGES: 132
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The study begins with the following research question: Does neoliberalism influence the decision-making process regarding the request for recognition of employment relationships between drivers and companies operating through digital platforms? How does this interference manifest? To address this inquiry, in the first chapter, we establish the conceptual foundations and the methodology of the research. We conducted a documentary research, involving rulings from the TRT 10 Panels, analyzing the decisions that rejected the existence of an employment relationship between drivers and companies operating through digital platforms. We examined the grounds used to deny the employment relationship, aiming to assess the intensity by counting how many times each argument appeared. We also evaluated the trend of TRT 10 in rejecting employment relationships, evidenced by a growing number of dismissals and the denial of ordinary workers’ appeals. In the second chapter, we revisit the conflict and situate the "uberization" phenomenon within the broader process of restructuring and reorganizing production, gathering elements from reality that indicate the existence of legal subordination for these workers, sufficient to justify the recognition of an employment relationship. Subsequently, we analyzed the arguments that appeared most frequently in the TRT decisions collected in the survey from the first chapter: the freedom to choose the work schedule (41 occurrences), the absence of exclusivity in the employment relationship with the company (41 occurrences), and the inapplicability of structural subordination (19 occurrences). We employ discourse analysis to understand the meaning revealed by the research corpus and the social and historical bases that allow for this construction. We also engage with the duty of providing rationale in judicial decisions, highlighting the different contexts in which each argument is situated and the consolidation of neoliberal guidelines through a decision-making process disconnected from Labor Law. After this preliminary analysis, we began the third and final chapter, aiming to deepen the objective and subjective foundations that give structural character to neoliberalism. We start by examining the regulatory changes in Brazil from the 1980s and 1990s up to the period corresponding to the research corpus (2021 to 2023), promoting the flexibilization of hiring practices to the detriment of employment relationships and legal protections. Similarly, we point out the judicial reform and judicial actions as central elements of neoliberalism in Brazil, driven by Ideological control in favor of valorization of contracts, legal security, and private property, resulting in decisions increasingly contrary to the foundational principles of Labor Law. Finally, we addressed the construction of neoliberal subjectivity as a necessary dimension for the objective foundations to be realized, revealed through the assimilation of the entrepreneurial subject, the company, contractualization, unrestricted freedom of choice without ethical or protective barriers, simplification for standardization, and the encouragement of self-exploitation under the guise of maximizing individual interests. With this approach, we gather real-world elements to propose suggestions and answers regarding the influence of neoliberalism on the decision-making process

COMMITTEE MEMBERS:
Presidente - 1418046 - ANTONIO SERGIO ESCRIVAO FILHO
Externo à Instituição - AUGUSTO CESAR LEITE DE CARVALHO - IESB
Interna - 1544800 - GABRIELA NEVES DELGADO
Interna - 1074055 - TALITA TATIANA DIAS RAMPIN