Regulação do trabalhador autônomo economicamente dependente no Brasil

Abstract

The transformations that the world of work is going through have given rise to a new way of work, by an autonomous worker, with management autonomy, but economically dependent on a single Service Taker. This way of work was recognized by the European Economic and Social Committee as lacking legal regulation within the European Union, despite already existing in an unregulated situation in several European countries. Economically dependent self-employed work was regulated within the European Union, for the first time in Spain, through Spanish Law nº 20/2007, called the Autonomous Work Statute and which defined the legal figure of the Economically Dependent Autonomous Worker in that country. In this research, it is intended, from the normative basis of the Spanish Legislation and taking into account the national legal system, especially the Federal Constitution and the normative landmarks that govern the Process of elaboration of Laws, to produce a regulation proposal, by bill, for economically dependent work in Brazil. The need for legal regulation in Brazil of economically dependent autonomous work in Brazil emerges not only from a situation of employment crisis, but also from regulating a factual situation that already exists in some professions in Brazil, such as rural and urban partnerships, the autonomous cargo carrier and the commercial representative. The idea developed throughout the work was to produce a simplified legislation, with rights and obligations and other aspects of legislative regulation developed in a synthetic way and to the minimum necessary, in order to allow the widest possible individual and/or collective negotiation between the contracting parties. There was also a concern to develop legislation that allows the expansion of the rights provided for in the regulated legislation, through individual and collective negotiation. The study of this work will be based on ideas and assumptions of a way of carrying out work that exists in several countries of the European Union, especially in Spain, where there is formal regulation of economically dependent autonomous work, so that, from then on, it can be produced a proposal for a bill to regulate this work in Brazil. As the object of investigation is little studied, an exploratory study is necessary, both through bibliographic research and citation of websites that deal with the subject. The research was qualitative in nature and aimed to evaluate the best legislative option for regulation. Several scientific methods were used for this: comparative, dialectical, inductive and systematic, which allow evaluating more than one possible option for regulating dependent self-employment and reflecting on the most appropriate in Brazil. The references are not intended to be exhaustive to the point of exhausting the topic, but only to provide a minimal theoretical framework to justify the edition of the proposed bill.