PRIMACY OF REALITY PRINCIPLE IN THE FEDERAL SUPREME COURT:

ANALYSIS OF DECISIONS ON PLATFORM WORK

Abstract

This article investigates the tension between the Labor Court's recognition of the employment relationship of platform drivers and the subsequent overturning of these decisions by the Supreme Federal Court, based on constitutional complaints filed by platform companies. The article analyzes the extent to which the STF's decisions align with the principle of the primacy of reality over form. The filing of these complaints has been strategically used to challenge decisions that recognize labor rights, especially in the work of platform drivers, as the Court tends to reject the employment relationship when hiring is done digitally. The methodology adopted involved exploratory bibliographic and documentary research, with keyword searches of the STF portal, identifying decisions on constitutional complaints related to drivers. The primary analysis shows that, although the lawsuits address labor matters, the STF's interpretations deviate from labor law principles. Applying the primacy of reality should lead to the rejection of these complaints, given the factual nature of the relationship. However, the prevailing contractual format presented by platforms is evident, to the detriment of drivers' realities. This repeated stance undermines the principle of the primacy of reality and threatens constitutional labor rights.