The Brazilian Supreme Court has postponed the trial that will determine whether or not there is an employment relationship between drivers and digital platforms. The Court's president, Justice Edson Fachin, removed Extraordinary Appeal (RE) 1,446,336, which deals with the topic, from the agenda of the in-person session this Wednesday (June 24). The case has recognized general repercussion (Theme 1,291) and, once judged, will establish a binding precedent for thousands of lawsuits regarding the so-called "uberization" of work.

The new development: ILO Convention 193

The postponement was requested by the Labor Public Prosecutor's Office (MPT) and the Federal Public Defender's Office (DPU). The two institutions cited the adoption, on June 12, 2026, of Convention 193 of the International Labour Organization (ILO), during the 114th International Labour Conference in Geneva. According to the adopted text, this is the first international convention specifically focused on work performed through digital platforms. According to the submissions sent to the Supreme Federal Court (STF), the convention was approved by 406 votes in favor, 8 against, and 36 abstentions.

In granting the request, Fachin classified the adoption of the convention as a legally relevant supervening fact, based on article 933 of the Code of Civil Procedure, which authorizes the court to consider events subsequent to the appealed decision and capable of influencing the judgment of the appeal. The minister ordered the removal of the case from the session and the notification of the appealing party and the entities admitted as... amici curiae so that, if they wish, they may present specific comments on the convention. After this stage, the process will return to the Plenary. The order is dated June 23, 2026.

The convention and the object of the appeal

Convention 193 deals, among other things, with the classification of platform workers. Article 9 stipulates that States adopt measures to ensure the "correct classification" of these workers regarding the existence or non-existence of an employment relationship, guided "primarily by the facts relating to the performance of the work"—a formulation associated, in labor law tradition, with the principle of the primacy of reality. The existence or non-existence of a relationship is the subject of Topic 1.291.

The text does not stipulate that platform workers should be classified as employees, nor does it create an intermediate category. The convention establishes a set of protections applicable to platform workers "regardless of their classification"—including rules on health and safety, transparency regarding the use of automated systems (algorithmic management), review of decisions resulting in non-payment, account suspension or deactivation, protection of personal data, and prohibition of dismissals for discriminatory reasons. Rights such as the minimum wage are reserved, in the text, for those who are in an employment relationship.

This ruling is distinct from Topic 1,389 (outsourcing, ARE 1,532,603), concluded by the Supreme Federal Court a few days earlier, which involved the validity of service provision arrangements by legal entities. Topic 1,291 specifically addresses the relationship between app drivers and platforms.

Next steps and scope of the convention

With the case removed from the agenda, the merits trial remains unscheduled. Until the Supreme Court's decision, there is no binding precedent regarding the legal nature of the relationship between app-based workers and platforms, and specific cases continue to be decided by the Labor Courts.

Regarding the convention, the text itself stipulates that it is binding only on countries that ratify it and that it enters into force twelve months after the registration of ratifications by two member states (articles 27 et seq.). Brazil has not ratified Convention 193; its eventual incorporation would depend on the process of approval by legislative decree, ratification, and deposit with the ILO.

Among other developments, the manifestation of the amici curiae Regarding the convention, the rescheduling of the trial of Topic 1291 and the possible processing of a ratification of Convention 193 by Brazil.

Mazzucco & Mello This article follows the judgment of Topic 1.291 and the developments of ILO Convention 193, keeping clients and readers updated on the Supreme Federal Court's rulings and their implications for companies operating with digital platforms and algorithmic workforce management. For guidance on this topic, contact our labor team: [contact / email / phone].

Article written by: Rafael Mello and Israel Cruz.