Uberisation: Brazil’s Supreme Court postpones its decision again, while the ILO gets there first

In an article published by Migalhas, Ana Luisa Fidelis Fernandes, a member of the Employment and Pensions practice at FAS Advogados, examines the impact of International Labour Organization Convention No. 193 on the debate surrounding “uberisation” and digital platform work in Brazil.

The discussion has gained further relevance following another postponement of the Brazilian Federal Supreme Court’s judgment of Theme No. 1,291, which addresses whether an employment relationship exists between workers and digital platforms. The adoption of ILO Convention No. 193 in June 2026 introduces new international parameters into the debate, particularly regarding the legal classification of working relationships, remuneration, occupational health and safety, social security and algorithmic management.

For companies operating in or connected with the platform economy, the matter requires strategic attention. The absence of a clear regulatory framework in Brazil increases legal uncertainty and reinforces the importance of reviewing contractual models, governance practices, employment risk management and compliance criteria governing relationships with professionals engaged through digital platforms.