MINIMUM INCOME FOR APP DRIVERS: THE GUARANTEE OF A FUNDAMENTAL SOCIAL RIGHT TO THE "SELF-EMPLOYED WORKER BY PLATFORM"

Abstract

The objective of this article is to demonstrate that the self-employed worker through a digital platform is entitled to the fundamental right to a minimum income, proportional to the minimum wage. To this end, initially, the historical evolution of the minimum wage in the world and in Brazil is described, for the proper understanding of its destination in guaranteeing life with dignity. The current definition of the minimum wage in the Federal Constitution of 1988 is addressed, emphasizing all current aspects such as national uniform value, definition by law, periodic readjustment and prohibition of binding for other purposes. The Complementary Bill (PLP) No. 12/2024 of the Chamber of Deputies is presented, which provides for the condition of the app driver as a "self-employed worker by platform", without an employment relationship, but with the right to a minimum income proportional to the minimum wage. It discusses the possibility of the "self-employed platform worker" being entitled to a minimum income compatible with the minimum wage, based on constitutional principles and foundations, especially the "existential minimum". It is pointed out the treatment given in some other countries to app drivers, regarding the right to the minimum wage, as well as the guidance of international organizations.

DOI: https://doi.org/10.56238/sevened2025.011-051