The Labor Public Ministry (MPT) has initiated a nationwide public civil action against Uber. The main objective of the action is to suspend the program called 'Passe para Motoristas' (Pass for Drivers), which requires drivers to make advance payments so they can complete trips without the service fee being applied during a specific period.
This measure was filed by the Regional Labor Prosecutor's Office of the 5th Region, located in Bahia, and is being judged in the 9th Labor Court of Salvador. In addition to requesting the suspension of the program, the MPT seeks the reimbursement of amounts already paid by drivers and the payment of R$ 321 million in collective moral damages. The body also demands that the suspension be effective within a maximum period of 48 hours, under penalty of a daily fine of R$ 1 million.
According to the MPT, this charging model may transfer part of the risk inherent in the economic activity to the drivers, generating a situation of financial dependence that has characteristics similar to debt bondage, linked to work under conditions comparable to slavery. The allegations presented are subject to judicial review.
In several locations, videos circulating on the internet show that the cost of the Time Pass varies between R$ 35 for 24 hours or R$ 94 for 72 hours. Depending on how frequently drivers purchase these passes, their monthly expenses can reach approximately between R$ 940 and R$ 1,050.
The activation of the pass happens automatically right after the first eligible ride, and the amount is deducted from the driver's virtual account. If there is insufficient balance, the charge is registered as a negative debit and automatically compensated with the earnings from subsequent rides.
Uber argues that while the pass is valid, the driver receives 100% of the accumulated trip value weekly, according to the program guidelines. However, the platform's own terms stipulate that purchasing the pass does not guarantee a minimum or continuous volume of rides.
Rides continue to be distributed by the Uber algorithm among all drivers, regardless of whether they have joined the program or not. Thus, according to the MPT, the worker assumes the risk of not getting enough rides to cover the prepaid amount.
For the Labor Public Ministry, the situation worsens when the driver does not have sufficient funds in their wallet to cover the pass. In this scenario, the amount is automatically debited from future earnings obtained on the platform.
Labor Prosecutor Luiz Antonio Nascimento Fernandes, responsible for leading the action, stated that the program is compulsory and is contracted automatically, without the need for the driver's individual consent.
The MPT maintains that this mechanism can establish a cycle of indebtedness: the worker is forced to continue taking rides to settle a debt that they incurred precisely to gain access to the working conditions offered by the platform.
For the body, this charge constitutes an inversion of the business risk logic, since the driver pays to access the work without any guarantee that there will be enough rides to amortize the investment made.
It is important to note that the action does not aim for criminal liability. However, the MPT emphasizes that the facts can be reported to the competent authorities for potential investigation in the criminal sphere.
Additionally, the body clarifies that the process is not intended to recognize an employment relationship between Uber and drivers, nor to provide individual compensation for workers' losses; its focus is to stop a practice considered illegal and collective in nature.
Impact on Competition
Another aspect raised by the MPT relates to the potential effect of this model on competition between applications. Since the driver has already made the advance payment for the pass, any time dedicated to working for rival platforms, such as 99 and inDrive, means less time available to recover the capital invested in Uber.
For this reason, the MPT assesses that the system may encourage drivers to concentrate their activities exclusively on Uber during the validity of the pass, even in the absence of a formal exclusivity clause.
The MPT also calculates that Uber could generate revenue exceeding R$ 1 billion monthly with this model. This projection is based on an average monthly cost of R$ 920 per driver and an estimated universe of 1.4 million workers registered on the platform.
As an integral part of the claim, the MPT requested access to Uber's source code, aiming to investigate the criteria used in ride distribution and the dynamic pricing methods applied during the pass's validity period.
