Saúde dos trabalhadores em plataformas digitais: direitos fundamentais para além do vínculo de emprego

Abstract

This paper aims to critically analyze the limits and challenges of protecting the health of digital platform workers, focusing on app-based drivers, in light of the Brazilian legal framework and international standards. To achieve this goal, the methodology adopted was bibliographic and documentary in nature, based on the analysis of theoretical, normative, and institutional references at both national and international levels. The central hypothesis suggests the existence of a constitutional structure that allows for positive infraconstitutional arrangements, as well as international debates that point toward the development of context-specific protection for platform-based work. The research is grounded in the principle of human dignity as a foundation of the Democratic Rule of Law, recognizing the right to decent work as a fundamental entitlement that transcends the existence of a formal employment relationship. The study examines the regulatory spaces of risk, identifying how the platform model—driven by algorithmic subordination and contractual flexibility—has contributed to the precarization and invisibility of occupational risks. Based on a critical analysis of Complementary Bill No. 12/2024, the paper demonstrates that the legislative proposal neglects constitutional obligations and international commitments related to occupational health, safety, and environmental protection, revealing its failure to ensure mechanisms for prevention, oversight, and redress. Lastly, foreign regulatory experiences and International Labour Organization guidelines are examined, highlighting the need for regulatory restructuring capable of ensuring effective protection aligned with the fundamental rights of workers in digital contexts.