Brazil: Issued Supreme Court ruling granting injunction in civil lawsuit involving the employment status of intermediary platform's drivers (Cabify v Felipe Cassio Vieira Silva)

On 20 July 2023, the Brazilian Supreme Federal Court (STF) issued its ruling in the Cabify v Felipe Cassio Vieira Silva case (0010231-76.2021.5.03.0023), overturning the decision of the Regional Labor Court (TRT) which had recognised a direct employment relationship between Cabify and its partner drivers and subjected Cabify to employer obligations. Cabify issued a complaint against this ruling arguing that the TRT’s decision violated precedent established by the STF and that their relationship with the drivers did not constitute an employment relationship. The STF suspended the TRT’s decision stating that the Supreme Court has consistently recognised the existence of alternative labour relationships not covered by labour laws and that TRT had ignored this precedent.