Do app drivers in Brazil have an employment relationship? The "Uberization" case at the STF in 2026

As of October 2026, Brazil's Federal Supreme Court (STF) had not concluded the case that will decide whether app drivers and couriers have an employment relationship with the platforms (Theme 1,291, RE 1,446,336). The case was taken off the agenda in June, after the ILO approved Convention 193 on platform work, and returned to the plenary in August without a result. The ruling the STF sets will apply to all similar cases in the country.

Quick summary

• Main case: RE 1,446,336 (Uber), with general repercussion — Theme 1,291; decided together with Complaint 64,018 (Rappi).
• June 2026: the ILO approved Convention 193 on work on digital platforms; the STF took the case off the agenda to consider it.
• August 2026: the trial resumed and was suspended again, with no votes completed.
• Today: each case is decided by the Labor Court based on the evidence; there are decisions both ways.
• Congress: a complementary bill on app drivers is under discussion.

What is being discussed

The question is whether the relationship between driver and platform meets the requirements for an employment relationship under arts. 2 and 3 of the CLT (Brazil's Consolidated Labor Laws) — personal service, regularity, subordination and pay — or whether it is a new form of self-employment.

The argument for an employment relationship

• The algorithm sets the price, assigns rides, rates and can block the driver: this would be subordination by digital means.
• Many work long hours and depend economically on a single platform.
• Without an employment relationship, there is no FGTS (the Severance Indemnity Fund), vacation, 13th salary or accident protection.

The argument against an employment relationship

• Drivers choose when, where and how much they work, can turn down rides and use several apps.
• They bear the cost of their own vehicle and expenses.
• Mass recognition could change the business model and reduce the supply of work.

ILO Convention 193

Approved on June 12, 2026, the convention sets obligations for countries on the rights and duties of workers and digital platforms. To become binding in Brazil, it must be ratified by Congress and promulgated. The STF asked the parties to comment on the convention's impact on the case.

What app workers can do now

1. Keep evidence: ride history, earnings, time logged in, ratings, blocks and messages from the platform.
2. Contribute to the INSS (social security) as an individual contributor or MEI (individual micro-entrepreneur), to be covered in case of illness or accident — see Sickness benefit.
3. Watch the deadline: if you intend to claim an employment relationship, the claim must be filed within 2 years after the relationship ends.
4. Compare with pejotização: the issue is similar but is being handled separately at the STF — see Pejotização.

Frequently asked questions

Has the STF already decided that Uber drivers have no employment relationship?

No. As of October 2026 there was no result in the Theme 1,291 case.

Can I file a claim for an employment relationship while the STF has not decided?

Yes, but the outcome may be affected by the ruling the STF sets.

Are app couriers included?

Yes. Complaint 64,018, from Rappi, concerning a courier, is being decided together.

Read more in this series

• Pejotização: when a PJ contractor is entitled to an employment relationship
• Working without a registered contract: rights and how to regularize
• Evidence in a labor case: how to gather and organize it
• INSS sickness benefit in 2026
• Index: complete guide to labor rights