TST President Criticizes Supreme Court Over App Worker Regulation
Luiz Philippe Vieira de Mello Filho advocates for specific legislation for gig workers.
1Legislative Call to Action
Luiz Philippe Vieira de Mello Filho, president of the Superior Labor Court, argued on November 9, 2026, that existing labor laws are insufficient for gig workers. He stated that the Consolidation of Labor Laws cannot address the unique nature of app-based work, necessitating a specific legal framework to govern these digital relationships.
2Stalled Economic Negotiations
Negotiations regarding platform work stalled over specific payment disputes. Workers demanded 10.50 reais per route and 2.50 reais per delivery, while platforms offered only 7.50 reais per route. This one-real discrepancy effectively halted progress on regulatory discussions, leaving the sector in a state of limbo regarding fair compensation and operational standards.
3Judicial Conflict Over Precedent
The TST president criticized the Supreme Court for applying the ADPF 324 ruling, which originally concerned outsourcing, to deny employment bonds in app-based cases. He argued that the court improperly expanded the scope of this precedent, bypassing the Labor Court's authority and reversing decisions before they could reach the higher labor tribunal.
4Pending Legislative Proposals
Congress is currently debating two major legislative proposals: PLP 12 of 2024, focused on app drivers, and PLP 152 of 2025, covering broader digital platform work. These bills aim to establish clear rules, yet their progression remains slow as stakeholders struggle to balance professional autonomy with the need for essential social protections.
5Differentiated Regulatory Approach
Vieira de Mello Filho proposed a dual regulatory approach based on platform control. He suggests distinct rules for platforms where professionals maintain autonomy over delivery choices and pricing versus those that strictly dictate routes, deadlines, and prices. This distinction aims to protect workers while acknowledging the varied operational models within the digital economy.
6Supreme Court's Pending Ruling
The Supreme Court has yet to conclude the judgment of Theme 1.291, which addresses the employment bond between drivers and platforms. Relator Edson Fachin removed the case from the agenda in June 2026, waiting for legislative progress. This final decision will serve as a definitive guide for thousands of similar labor lawsuits nationwide.
7Safety and Social Guarantees
Beyond legal status, the TST president highlighted the physical risks associated with pressure for rapid deliveries. He emphasized that regulation must ensure fundamental rights, including paid vacation, 13th-month salary, and mandatory rest periods. These protections are essential to provide the social security that gig workers currently lack in their daily operations.
8Future Regulatory Implications
The tension between the TST and the Supreme Court reflects a broader struggle to define labor rights in the digital age. As the country awaits a legislative solution, the lack of consensus continues to impact both corporate operations and worker welfare, underscoring the urgent need for a cohesive and modern legal framework.
Original article: Poder360 — TST President Criticizes Supreme Court Over App Worker Regulation