A relação jurídica do Transportador Autônomo de Cargas (TAC): autonomia ou vínculo empregatício à luz da lei nº 11.442/2007

Abstract

The complex nature of the legal relationship of the Autonomous Road Freight Carrier (TAC) in Brazil, especially after Law No. 11,442/2007, raises debates about the distinction between autonomy and employment relationship. This dissertation aims to analyze the elements characterizing autonomy and legal subordination in the TAC's activity, seeking to delimit the contours of their relationship with the service taker in light of the aforementioned legislation and jurisprudence. The research, qualitative and exploratory in nature, was developed through an exhaustive bibliographic review of doctrine and scientific articles, and documentary analysis of relevant legislation, including Law No. 11,442/2007, and predominant jurisprudence on the topic. The results indicate that, despite the presumption of autonomy established by law, the analysis of court rulings reveals a tendency to flexibilize this presumption, where the presence of elements such as personal service, non-casualness, and, mainly, structural or algorithmic subordination, may configure an employment relationship, challenging the literal interpretation of the norm. It is concluded that the classification of the TAC's legal relationship requires an in-depth case-by-case analysis, considering the factual reality of service provision beyond legal formalism, aiming to ensure social protection for the worker without mischaracterizing genuine autonomy.