O CASO UBER, A (IN) SEGURANÇA JURÍDICA E O BACKLASH

Abstract

With the world increasingly globalized, the normative acts exerted by the legislative power from the laws and constitutional amendments, the judiciary power through its decisions and the executive power through its ordinances, resolutions, decrees and internal rules have been increasingly more object of discussions either in the academic environment, in festive circumstances or in another type of society event. Technologies have come to change and streamline the pace at which society develops and change social relations, tending to cross borders and not be restricted to a particular group. Thus, in this way, Uber reached space among Brazilian consumers from a social, political and economic change that was not restricted to just one particular country, but has spread to all countries of the globe, even bringing controversies. This article seeks to analyze the impact of legal insecurity on the labor legal system and how - or if - the divergences existing between first instance judicial decisions have a possible backlash effect, leading the way by examining the backlash institutes and studying the decisions lawsuits that do not recognize the existence of an employment relationship and, finally, due to the applicability and convergence of these institutes.