backThe Supreme Federal Court has postponed until 2026 the ruling that will determine whether drivers and couriers working for platforms such as Uber and Rappi should be legally recognized as employees. The case was scheduled to resume on December 3 but was withdrawn from the agenda by the Court’s president, Justice Edson Fachin, who had already suspended the trial in October after oral arguments to allow for deeper analysis and the submission of additional documents.
Uber argues that labor decisions recognizing an employment relationship violate constitutional principles such as professional freedom and free competition, and that such rulings threaten the sustainability of its business model in Brazil. Labor courts, however, have increasingly identified signs of subordination, including the notion of “algorithmic subordination,” which takes into account the control exercised by the platforms’ digital systems.
Rappi has also challenged rulings that acknowledged employment ties, claiming they conflict with prior Supreme Court precedents supporting flexible forms of contracting. Because the case has general repercussion status, the Court’s final decision is expected to shape the national jurisprudence on the phenomenon widely known as the “uberization” of work
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