A natureza jurídica da relação entre os entregadores da Americanas entrega flash e o Grupo Americanas: o discurso e a realidade

Abstract

The subject of this research is the legal nature of the delivery of goods by Americanas Entrega Flash. Its objective is to understand the legal nature of the relationship between the deliverers of this digital work platform and the Americanas Group. To this end, the methodology used is divided into two parts: first, the construction of a theoretical framework on the main theories and doctrinal positions on the legal nature of subordinate work and its differences from self-employment, as well as a bibliographical review of scientific articles on the work of digital platforms in Brazil and around the world. The second part consists in the analysis of empirical and qualitative data obtained both through interviews with Americanas Entrega Flash delivery workers and through an analysis of the business ecosystem of Americanas S.A. The aim is to verify how delivery work is carried out from the point of view and the experiences of the platform workers themselves, and what is the company's discourse on this service. In conclusion, the research shows that the legal relationship between the delivery workers of Americanas Entrega Flash and the company Americanas Delivery Tecnologia Ltda. is one of employment, and all the corresponding rights and obligations of the Brazil’s Constitution and the Consolidation of Labor Laws should be applied to it.