ALGORITHMIC SUBORDINATION AND SURVEILLANCE CAPITALISM IN THE GIG ECONOMY:

CHALLENGES TO BRAZILIAN LABOR LAW

Abstract

This study examines labor subordination in the Gig Economy within the framework of Brazilian labor law, highlighting tensions between traditional legal categories and digitally mediated work. Using a qualitative and exploratory approach based on documentary analysis, it reviews judicial decisions from the Brazilian Superior Labor Court (TST) and the Supreme Federal Court (STF) between 2021 and 2024. The findings reveal a lack of doctrinal and jurisprudential consensus, resulting in legal uncertainty. Although most decisions deny the existence of an employment relationship, elements such as control, dependency, and asymmetric risk distribution remain evident. The study argues that the classical notion of legal subordination is insufficient to explain platform labor, where control operates through algorithmic management, rating systems, and data-driven mechanisms. Incorporating the perspective of surveillance capitalism, the paper shows that platforms extend control through data extraction and processing, reinforcing structural dependency. Subordination thus emerges as a multidimensional phenomenon, encompassing legal, economic, and informational dimensions. The article contributes by proposing an expanded concept of subordination and highlights the need for regulatory innovation addressing platform work while ensuring minimum labor protections.