The Structural Process as an
Alternative for the Protection of Labor Rights in the Face of the Uberization
Phenomenon
Name: SOFIA SALEZZE SOUZA
Publication date: 06/05/2026
Examining board:
Name |
Role |
|---|---|
| CLAUDIO IANNOTTI DA ROCHA | Presidente |
| MARIA CECÍCLIA DE ALMEIDA MONTEIRO LEMOS | Examinador Externo |
| RAIMUNDO SIMÃO DE MELO | Examinador Externo |
| VALESCA RAIZER BORGES MOSCHEN | Examinador Interno |
Summary: This research investigates the operability of the structural process as a mechanism for
protecting labor rights in the face of the "uberization" phenomenon, within the research
area: Justice, Process, and Constitution. The study starts from the premise that the
labor organization through digital platforms is not merely a technological innovation,
but a new morphology of labor that challenges the classical categories of Labor Law
and Procedure. This central issue aligns with the research line: Justice Systems,
Constitutionality, and Protection of Individual and Collective Rights, evidencing that
structural precariousness and algorithmic subordination require a jurisdictional
response that transcends individual and merely reparative litigation. Considering the
limitations of traditional jurisdiction when facing high-complexity conflicts, this work
proposes the use of the structural process to promote the reorganization of
bureaucratic and algorithmic structures that foster repeated violations. The research
problem consists of analyzing how the structural process can serve as an effective
alternative for the protection of metaindividual rights in the context of the platform
economy. The hypothesis sustained is that the transposition of structural techniques
to the labor field allows for a prospective and transformative judicial performance,
capable of aligning the functioning of technology companies with constitutional
dictates of labor valuation and human dignity. The methodology adopts a qualitative
approach, employing bibliographic review, documentary analysis, and the deductive
method, with a predominantly exploratory and descriptive purpose. The theoreticalconceptual framework utilizes the typology of litigation proposed by Edilson Vitorelli,
differentiating the nature of conflicts to identify "irradiated litigation" as the typical
scenario for structural intervention. The bibliographic survey covers national and
foreign doctrine on transindividual rights, precedents from the Brazilian Supreme
Federal Court and the Superior Labor Court, as well as data on the sharing economy.
This research contributes to the advancement of Labor Procedural Law by offering
new instruments for the settlement of multi-party conflicts and for the realization of
social justice in the digital age.
