Labor Public Prosecutor's Office sues Uber seeking R$ 321 million in compensation for driver fee program
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Labor Public Prosecutor's Office sues Uber seeking R$ 321 million in compensation for driver fee program

The Labor Public Prosecutor's Office (MPT) has initiated a public civil action against Uber, seeking compensation of R$ 321 million for collective moral damages. The body considers the program called 'Passe para Motoristas' (Pass for Drivers), which imposes a fee on drivers so they can accept rides, to be illegal.

In addition to the compensation, the MPT requests the return of all amounts already paid by partner drivers, as well as the immediate suspension of this program. Uber, for its part, contested the allegations of irregularity.

This program was launched in Brazil in May of this year and is active in about 30 cities. 'Passe para Motoristas' allows partner drivers to pay a fixed amount to be entitled to 100% of the revenue generated from trips while the contract is in effect.

There are two types of passes available. One is valid for 24 or 72 hours. The second is based on earnings, expiring as soon as the total of the trips reaches a pre-established value.

According to the MPT, 'Passe para Motoristas' forces the driver to advance payments to participate in the scheme, without any guarantee that the invested amount will be recovered. Additionally, the body argues that this charging method transfers the financial risks of the activity to the driver himself.

The Public Prosecutor points out that the need to recover the paid amount can create an economic dependence on the platform and even lead to debt. There is also suspicion that the required investment forces the driver to focus their trips exclusively on Uber to recover the money, which would harm competition with other platforms.

The MPT raised the possibility that the service's algorithms may be granting unequal treatment in ride distribution based on whether the driver adheres to the program or not, which is why the body requests an expert examination of Uber's systems.

In a statement sent to Tecnoblog, Uber classified the accusations made by the Labor Public Prosecutor's Office as 'mistaken.' The company refutes the conclusions presented by the MPT in the lawsuit and commits to providing the Justice system, within the legal deadline, all necessary information to clarify the issues raised by the prosecutors, alleging that these are based on erroneous understandings of the platform's operation and ideological views regarding the relationship between drivers and the application.

Uber defends that the subscription model has been used for years by other applications in the private passenger transport sector in Brazil. For the company, 'Passe para Motoristas' is a commercial alternative to the traditional per-trip fee system, currently in testing phase by Uber to assess its suitability for different local contexts, allowing partners to have an advance forecast of the cost of the intermediation service offered by the platform under the defined conditions.

The case in question has the number 0000773-47.2026.5.05.0009 and will be judged by the 9th Labor Court of Salvador, Bahia.

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