Gamification and Algorithms - A New Perspective On Work in Brazil - Victor Habib Lantyer

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GAMIFICATION AND ALGORITHMS: A NEW

PERSPECTIVE ON WORK IN BRAZIL

VICTOR HABIB LANTYER

1. INTRODUCTION
The digital era has brought a revolution in the way work is managed and
executed, especially with the introduction of Artificial Intelligence (AI) and
gamification in the workplace. This dissertation seeks to explore the emerging concept
of algorithmic subordination in Brazil, a trend that reconfigures the interaction between
employers and employees, transforming labor activities into elements of a digital game.
In a world where AI permeates almost all aspects of civilized life - from mobile
devices to business management systems - it is imperative to understand the legal,
ethical, and social implications of this transformation. The aim of this essay is to
analyze the challenges and opportunities presented by algorithmic subordination and
gamification, particularly in relation to labor legislation and the protection of personal
data in the Brazilian context.
Algorithmic subordination refers to the use of AI algorithms to manage and
influence workers' behavior. These algorithms determine task allocation, performance
evaluation, and encourage competition and productivity through gamification
techniques. Companies like Uber and iFood illustrate this trend, where gamification
becomes a central strategy in workforce management. However, this approach is not
without challenges, as it raises questions about autonomy, control, and working
conditions.
This essay explores the legal and ethical implications of algorithmic
subordination and gamification in the Brazilian labor context. With the approval of the
2017 Labor Reform and the weakening of labor oversight institutions, companies have
found fertile ground for exploiting mechanisms of informalization of work.
Furthermore, Brazil's General Data Protection Law (LGPD) introduces a new layer of
complexity in the use of personal data in gamification strategies.
This essay discusses how gamification and algorithmic subordination can be
aligned with the requirements of the LGPD, maintaining a balance between innovation,
efficiency, and respect for the privacy and well-being of workers. It also analyzes recent
judgments by the Superior Labor Court (TST), which are beginning to recognize
algorithmic subordination as a criterion for establishing employment ties on digital
platforms.

2. ALGORITHMIC SUBORDINATION AND GAMIFICATION


OF WORK IN BRAZIL
Algorithmic subordination at work, an emerging concept deeply interconnected
with gamification in the work environment, represents a new era in human resource
management. In this scenario, algorithms and digital systems assume the role of
invisible directors, guiding and controlling worker activities. They determine everything
from task allocation to performance evaluation, creating a digital stage where the
worker acts according to a script written by software. In this context, gamification
emerges as a supporting but crucial actor, transforming tasks and responsibilities into
elements of a game, with metrics, scores, and rewards designed to shape employee
behavior.

Currently, we live in the era of algorithms, where they integrate everything


done in the civilized world, not only in cell phones and laptops but also in homes,
household appliances, cars, banks, in buying airline tickets, in factory management, in
the commercialization and logistics of merchandise delivery. It is a subject that, sooner
or later, will have to be legally regulated, since the trend is an exponential growth of
algorithms, given the benefits they present to any enterprise, product, or service.

An algorithm is a sequence of instructions through programming language


establishing what, when, and how the established command should be done. They are
systems based purely on logic, needing to be precise and unambiguous, and can be
summarized in just three operations: AND, OR, and NOT 1. He further explains that
every algorithm has an input and an output: data enters the computer so that it knows
what to do with the commands, and a result is produced2.

The algorithm must be written in a programming language, like Python or Java.


Then, debug it looking for possible syntax or logic errors, until the computer can

1
DOMINGOS, Pedro. O Algoritmo Mestre: Como a Busca Pelo Algoritmo de Machine Learning
Definitivo Recriará Nosso Mundo. [S. l.]: Novatec, 2017. ISBN 978-85-7522-542-4.
2
DOMINGOS, Pedro. O Algoritmo Mestre: Como a Busca Pelo Algoritmo de Machine Learning
Definitivo Recriará Nosso Mundo. [S. l.]: Novatec, 2017. ISBN 978-85-7522-542-4.
execute the task without problems 3. After that, computers will do the task millions of
times, at a very high speed, allowing anyone, anywhere in the world, to enjoy this
creation4.

This interaction between algorithmic subordination and gamification unfolds


fascinatingly in companies that adopt digital technologies to manage and motivate their
workforce. Platforms like Uber and iFood, pillars of the gig economy, are living
examples of this trend. On these platforms, gamification is not just a trick to increase
productivity; it becomes a central piece in the management strategy, encouraging
efficiency through goals, rewards, and instant feedback. However, this approach has a
dark side, manifesting itself in constant supervision and pressures to meet performance
standards set by algorithms, a modern form of subordination where human decisions are
increasingly influenced or determined by digital systems.
Algorithmic subordination, with its double face, raises crucial questions about
autonomy and control at work. On the one hand, gamification can be a source of
motivation, offering workers a sense of involvement and accomplishment in achieving
goals and overcoming challenges. On the other hand, it can transform into an indirect
control mechanism, where workers find themselves trapped in standards and objectives
defined by algorithms, often without a clear understanding of how these objectives are
set or how their efforts are evaluated. This scenario can create an oppressive work
environment, where workers feel constantly monitored and evaluated, fertile ground for
stress and burnout.
For the first time in Brazilian history, in 2017, the number of workers without a
formal contract and autonomous workers surpassed the number of workers with a
formal contract5. This coincides with the approval of the labor reform, which facilitated
the hiring of autonomous workers6.

3
DOMINGOS, Pedro. O Algoritmo Mestre: Como a Busca Pelo Algoritmo de Machine Learning
Definitivo Recriará Nosso Mundo. [S. l.]: Novatec, 2017. ISBN 978-85-7522-542-4.
4
DOMINGOS, Pedro. O Algoritmo Mestre: Como a Busca Pelo Algoritmo de Machine Learning
Definitivo Recriará Nosso Mundo. [S. l.]: Novatec, 2017. ISBN 978-85-7522-542-4.
5
SABINO, André Monici; ABÍLIO, Ludmila Costhek. Uberization: Entrepreneurship as the New Name
for Exploitation. Legal Journal on Work and Human Development, Campinas, 2019. Available at:
https://www.bing.com/ck/a?!
&&p=9f249565e597258cJmltdHM9MTcwMTU2MTYwMCZpZ3VpZD0zNGZhODFiYy1kZWEyLTY1
YzItMzExMS05MjI1ZGZiNjY0MDYmaW5zaWQ9NTE5MA&ptn=3&ver=2&hsh=3&fclid=34fa81bc-
dea2-65c2-3111-9225dfb66406&psq=Uberiza%c3%a7%c3%a3o
%3a+o+empreendedorismo+como+novo+nome+para+a+explora
%c3%a7%c3%a3o&u=a1aHR0cDovL3JldmlzdGF0ZGgub3JnL2luZGV4LnBocC9SZXZpc3RhLVRESC
9hcnRpY2xlL2Rvd25sb2FkLzUzLzMxLw&ntb=1 . Accessed on: December 3, 2023.
The 2017 Labor Reform introduced significant changes in labor relations,
including the facilitation of hiring autonomous workers 7. Added to this, there was the
weakening of labor oversight institutions, including: The incorporation of the Ministry
of Labor and Employment into the Ministry of Economy; Budget cuts in Labor Justice;
Creation of GAET (High Labor Studies Group) aiming to deepen the labor reform;
Constitutional amendment proposal to extinguish Labor Justice and incorporate its staff
into the Federal Justice8.
Given this scenario, companies have taken advantage of the political and
economic scenario to promote informal, often illicit or fraudulent, hires, and emphasize
the state's movement to legalize mechanisms of informalization of work 9. The
'uberization' of work, that is, the growth of work through digital platforms (such as
Uber, iFood, Rappi, among others), is another theme addressed 10.
6
SABINO, André Monici; ABÍLIO, Ludmila Costhek. Uberization: Entrepreneurship as the New Name
for Exploitation. Legal Journal on Work and Human Development, Campinas, 2019. Available at:
https://www.bing.com/ck/a?!
&&p=9f249565e597258cJmltdHM9MTcwMTU2MTYwMCZpZ3VpZD0zNGZhODFiYy1kZWEyLTY1
YzItMzExMS05MjI1ZGZiNjY0MDYmaW5zaWQ9NTE5MA&ptn=3&ver=2&hsh=3&fclid=34fa81bc-
dea2-65c2-3111-9225dfb66406&psq=Uberiza%c3%a7%c3%a3o
%3a+o+empreendedorismo+como+novo+nome+para+a+explora
%c3%a7%c3%a3o&u=a1aHR0cDovL3JldmlzdGF0ZGgub3JnL2luZGV4LnBocC9SZXZpc3RhLVRESC
9hcnRpY2xlL2Rvd25sb2FkLzUzLzMxLw&ntb=1 . Accessed on: December 3, 2023.
7
SABINO, André Monici; ABÍLIO, Ludmila Costhek. Uberization: Entrepreneurship as the New Name
for Exploitation. Legal Journal on Work and Human Development, Campinas, 2019. Available at:
https://www.bing.com/ck/a?!
&&p=9f249565e597258cJmltdHM9MTcwMTU2MTYwMCZpZ3VpZD0zNGZhODFiYy1kZWEyLTY1
YzItMzExMS05MjI1ZGZiNjY0MDYmaW5zaWQ9NTE5MA&ptn=3&ver=2&hsh=3&fclid=34fa81bc-
dea2-65c2-3111-9225dfb66406&psq=Uberiza%c3%a7%c3%a3o
%3a+o+empreendedorismo+como+novo+nome+para+a+explora
%c3%a7%c3%a3o&u=a1aHR0cDovL3JldmlzdGF0ZGgub3JnL2luZGV4LnBocC9SZXZpc3RhLVRESC
9hcnRpY2xlL2Rvd25sb2FkLzUzLzMxLw&ntb=1 . Accessed on: December 3, 2023.
8
SABINO, André Monici; ABÍLIO, Ludmila Costhek. Uberization: Entrepreneurship as the New Name
for Exploitation. Legal Journal on Work and Human Development, Campinas, 2019. Available at:
https://www.bing.com/ck/a?!
&&p=9f249565e597258cJmltdHM9MTcwMTU2MTYwMCZpZ3VpZD0zNGZhODFiYy1kZWEyLTY1
YzItMzExMS05MjI1ZGZiNjY0MDYmaW5zaWQ9NTE5MA&ptn=3&ver=2&hsh=3&fclid=34fa81bc-
dea2-65c2-3111-9225dfb66406&psq=Uberiza%c3%a7%c3%a3o
%3a+o+empreendedorismo+como+novo+nome+para+a+explora
%c3%a7%c3%a3o&u=a1aHR0cDovL3JldmlzdGF0ZGgub3JnL2luZGV4LnBocC9SZXZpc3RhLVRESC
9hcnRpY2xlL2Rvd25sb2FkLzUzLzMxLw&ntb=1 . Accessed on: December 3, 2023.
9
SABINO, André Monici; ABÍLIO, Ludmila Costhek. Uberization: Entrepreneurship as the New Name
for Exploitation. Legal Journal on Work and Human Development, Campinas, 2019. Available at:
https://www.bing.com/ck/a?!
&&p=9f249565e597258cJmltdHM9MTcwMTU2MTYwMCZpZ3VpZD0zNGZhODFiYy1kZWEyLTY1
YzItMzExMS05MjI1ZGZiNjY0MDYmaW5zaWQ9NTE5MA&ptn=3&ver=2&hsh=3&fclid=34fa81bc-
dea2-65c2-3111-9225dfb66406&psq=Uberiza%c3%a7%c3%a3o
%3a+o+empreendedorismo+como+novo+nome+para+a+explora
%c3%a7%c3%a3o&u=a1aHR0cDovL3JldmlzdGF0ZGgub3JnL2luZGV4LnBocC9SZXZpc3RhLVRESC
9hcnRpY2xlL2Rvd25sb2FkLzUzLzMxLw&ntb=1 . Accessed on: December 3, 2023.
10
SABINO, André Monici; ABÍLIO, Ludmila Costhek. Uberization: Entrepreneurship as the New Name
for Exploitation. Legal Journal on Work and Human Development, Campinas, 2019. Available at:
https://www.bing.com/ck/a?!
11
These platforms offer various delivery and transportation services . Present
themselves as mediators between supply and demand, operating more in the technology
sector than in services per se 12. They create occupations, often precarious and insecure,
particularly among young people, black people, and those with low education 13. he
increase in informal and autonomous work, especially on digital platforms, raises
questions about unemployment, social inequalities, and the precariousness of work.
Thus, we have a work scenario that is historically unequal and permeated by social
injustices 14.
In this context, Brazil's General Data Protection Law (LGPD) and ethics in the
application of gamification and algorithmic subordination assume a leading role.

&&p=9f249565e597258cJmltdHM9MTcwMTU2MTYwMCZpZ3VpZD0zNGZhODFiYy1kZWEyLTY1
YzItMzExMS05MjI1ZGZiNjY0MDYmaW5zaWQ9NTE5MA&ptn=3&ver=2&hsh=3&fclid=34fa81bc-
dea2-65c2-3111-9225dfb66406&psq=Uberiza%c3%a7%c3%a3o
%3a+o+empreendedorismo+como+novo+nome+para+a+explora
%c3%a7%c3%a3o&u=a1aHR0cDovL3JldmlzdGF0ZGgub3JnL2luZGV4LnBocC9SZXZpc3RhLVRESC
9hcnRpY2xlL2Rvd25sb2FkLzUzLzMxLw&ntb=1 . Accessed on: December 3, 2023.
11
SABINO, André Monici; ABÍLIO, Ludmila Costhek. Uberization: Entrepreneurship as the New Name
for Exploitation. Legal Journal on Work and Human Development, Campinas, 2019. Available at:
https://www.bing.com/ck/a?!
&&p=9f249565e597258cJmltdHM9MTcwMTU2MTYwMCZpZ3VpZD0zNGZhODFiYy1kZWEyLTY1
YzItMzExMS05MjI1ZGZiNjY0MDYmaW5zaWQ9NTE5MA&ptn=3&ver=2&hsh=3&fclid=34fa81bc-
dea2-65c2-3111-9225dfb66406&psq=Uberiza%c3%a7%c3%a3o
%3a+o+empreendedorismo+como+novo+nome+para+a+explora
%c3%a7%c3%a3o&u=a1aHR0cDovL3JldmlzdGF0ZGgub3JnL2luZGV4LnBocC9SZXZpc3RhLVRESC
9hcnRpY2xlL2Rvd25sb2FkLzUzLzMxLw&ntb=1 . Accessed on: December 3, 2023.
12
SABINO, André Monici; ABÍLIO, Ludmila Costhek. Uberization: Entrepreneurship as the New Name
for Exploitation. Legal Journal on Work and Human Development, Campinas, 2019. Available at:
https://www.bing.com/ck/a?!
&&p=9f249565e597258cJmltdHM9MTcwMTU2MTYwMCZpZ3VpZD0zNGZhODFiYy1kZWEyLTY1
YzItMzExMS05MjI1ZGZiNjY0MDYmaW5zaWQ9NTE5MA&ptn=3&ver=2&hsh=3&fclid=34fa81bc-
dea2-65c2-3111-9225dfb66406&psq=Uberiza%c3%a7%c3%a3o
%3a+o+empreendedorismo+como+novo+nome+para+a+explora
%c3%a7%c3%a3o&u=a1aHR0cDovL3JldmlzdGF0ZGgub3JnL2luZGV4LnBocC9SZXZpc3RhLVRESC
9hcnRpY2xlL2Rvd25sb2FkLzUzLzMxLw&ntb=1 . Accessed on: December 3, 2023.
13
SABINO, André Monici; ABÍLIO, Ludmila Costhek. Uberization: Entrepreneurship as the New Name
for Exploitation. Legal Journal on Work and Human Development, Campinas, 2019. Available at:
https://www.bing.com/ck/a?!
&&p=9f249565e597258cJmltdHM9MTcwMTU2MTYwMCZpZ3VpZD0zNGZhODFiYy1kZWEyLTY1
YzItMzExMS05MjI1ZGZiNjY0MDYmaW5zaWQ9NTE5MA&ptn=3&ver=2&hsh=3&fclid=34fa81bc-
dea2-65c2-3111-9225dfb66406&psq=Uberiza%c3%a7%c3%a3o
%3a+o+empreendedorismo+como+novo+nome+para+a+explora
%c3%a7%c3%a3o&u=a1aHR0cDovL3JldmlzdGF0ZGgub3JnL2luZGV4LnBocC9SZXZpc3RhLVRESC
9hcnRpY2xlL2Rvd25sb2FkLzUzLzMxLw&ntb=1 . Accessed on: December 3, 2023.
14
SABINO, André Monici; ABÍLIO, Ludmila Costhek. Uberization: Entrepreneurship as the New Name
for Exploitation. Legal Journal on Work and Human Development, Campinas, 2019. Available at:
https://www.bing.com/ck/a?!
&&p=9f249565e597258cJmltdHM9MTcwMTU2MTYwMCZpZ3VpZD0zNGZhODFiYy1kZWEyLTY1
YzItMzExMS05MjI1ZGZiNjY0MDYmaW5zaWQ9NTE5MA&ptn=3&ver=2&hsh=3&fclid=34fa81bc-
dea2-65c2-3111-9225dfb66406&psq=Uberiza%c3%a7%c3%a3o
%3a+o+empreendedorismo+como+novo+nome+para+a+explora
%c3%a7%c3%a3o&u=a1aHR0cDovL3JldmlzdGF0ZGgub3JnL2luZGV4LnBocC9SZXZpc3RhLVRESC
9hcnRpY2xlL2Rvd25sb2FkLzUzLzMxLw&ntb=1 . Accessed on: December 3, 2023.
Companies must navigate carefully to ensure that data collection and use in
gamification strategies are in harmony with privacy and data protection regulations. In
addition, it is imperative to consider the ethical impacts of these practices, including
transparency in the use of algorithms and ensuring that gamification strategies do not
exploit or harm workers. When used ethically and responsibly, gamification can be a
valuable tool for increasing engagement and productivity. However, it is essential that
companies balance innovation and efficiency with respect for autonomy and the well-
being of workers.
Thus, gamification in the workplace, although a growing trend that adopts game
mechanics to engage employees and improve productivity, faces a new challenge with
the implementation of the LGPD. Gamification, which refers to the use of typical game
elements in non-playful contexts, such as rewards, competitions, and leaderboards, must
now be carefully balanced with privacy and ethical demands. This new layer of
complexity not only challenges companies to rethink their strategies but also offers an
opportunity to reshape gamification in a way that respects and values workers, aligning
with a more humane and fair future of work.
Gamification, as explained by Kirkpatrick, is the transformation of everyday
activities into game-like formats, introducing elements that provide meaningful and
enjoyable experiences for users15. This practice differs from video games in its intention
16
not only to simulate but also to influence reality, as pointed out by Werbach .
According to Kirkpatrick, gamification transforms activities into games to increase
performance. While Santos and Ferreira warn that such characterization can legitimize
the precarization of work17.
According to the doctrine of Viviane Vidigal, the gamification of work can be
understood as an attempt to engage the worker through gamified techniques, as well as
an attempt by capitalism to integrate, into the labor sphere, an affective dimension,
which concerns psychological factors such as fun to erase suffering at work, and a
material dimension, as by reaching goals and completing challenges, workers increase

15
KIRKPATRICK, Graeme. Ludefaction: fracking of the radical imaginary. Games and Culture, [s.l.],
vol. 10, n. 6, p. 1-18, 2015.
16
WERBACH, Kevin. (2016). Course: “Gamification”. Available at:
https://www.coursera.org/course/gamification. Accessed on: March 20, 2021.
17
SANTOS, Laymert Garcia dos; FERREIRA, Pedro Peixoto. The Rule of the Game: Desire, Servitude,
and Control. In: VILARES, Fábio. (ed.). New Digital Media: Political, Economic, and Social Impacts.
Rio de Janeiro: E-papers, 2008.
their earnings18. As consequences of gamification, there are symbolic and material
gains, positive or negative, destined for workers19.
The author continues: "Digital gamification, like technology, is not neutral or
random. It is a programming, therefore, it can be used in favor of someone. Dominant
gamification in light of capital is done through techniques such as dynamic pricing,
challenges, bonuses, and promotions, which are used as language to emulate the
extension of the workday, the intensification of work, and the increase in production in
an algorithm-controlled environment. Resistance gamification appears as a potential
counterproposal for a redefinition of the concept, through practices that are favorable to
those who work."20
Algorithmic subordination, a constantly evolving reality, brings to the fore the
challenge of balancing technological innovation with respect for and protection of
workers' rights. Gamification, in turn, although it can increase engagement and
productivity, must be applied ethically, ensuring that it does not become an instrument
of exploitation or excessive pressure on employees.
It is essential to recognize that we are on the threshold of a new labor era, shaped
by the intersection of technology, data, and innovation. As companies embrace
algorithmic subordination and gamification, they must commit to respecting worker
privacy, ensuring algorithm transparency, and maintaining a balance between efficiency
and human well-being. While Brazil's General Data Protection Law (LGPD) establishes
a regulatory framework for the protection of personal data, it is up to organizations to
implement these practices in a way that values the dignity and rights of workers. Only
then can we move towards a future of work that is not only productive and innovative
but also fair and humane.

3. LEGAL PERSPECTIVES
Some panels of the Superior Labor Court (TST), the highest judicial body in
Brazil for labor matters, have already recognized the phenomenon of "gamification" as
one of the criteria for identifying what is called algorithmic subordination and
18
VIDIGAL, Viviane. Game Over: A Gestão Gamificada do Trabalho. Universidade Federal da Grande
Dourados, Dourados, 2021. Disponível em: https://www.academia.edu/104599912/Game_Over_a_gest
%C3%A3o_gamificada_do_trabalho . Acesso em: 9 dez. 2023.
19
VIDIGAL, Viviane. Game Over: A Gestão Gamificada do Trabalho. Universidade Federal da Grande
Dourados, Dourados, 2021. Disponível em: https://www.academia.edu/104599912/Game_Over_a_gest
%C3%A3o_gamificada_do_trabalho . Acesso em: 9 dez. 2023.
20
VIDIGAL, Viviane. Game Over: A Gestão Gamificada do Trabalho. Universidade Federal da Grande
Dourados, Dourados, 2021. Disponível em: https://www.academia.edu/104599912/Game_Over_a_gest
%C3%A3o_gamificada_do_trabalho. Acesso em: 9 dez. 2023.
recognizing the employment relationship between platforms and workers. For example,
in the judgment of RR-536-45.2021.5.09.0892 (DEJT 29/09/2023), the 2nd Panel of the
TST stated that in some cases the work management model is guided by a process
called "gamification," more precisely by the dynamics of "sticks and carrots." In this
case, it was observed that the work management model in some app companies is
guided by gamification, specifically by the dynamics of "carrot and stick." In this
model, workers are motivated to follow behaviors aligned with the company's
objectives, either through incentives that increase their earnings or through indirect
penalties that discourage actions seen as negative by the company.
This dynamic creates an environment where the actions of workers are
constantly shaped by the interests of the company, establishing a new form of
subordination. Unlike traditional subordination, based on direct orders and constant
supervision, this subordination is mediated by the application's algorithm. The
algorithm, developed and maintained by the company itself, plays a crucial role in
directing and controlling the activities of the workers.
In this approach, the carrot represents rewards, benefits, or incentives that are
offered to encourage a desired behavior. These rewards can include financial bonuses,
recognition, work promotions, compliments, or any other type of gratification that
motivates people to act according to what is expected of them.
On the other hand, the stick represents punishments, negative consequences, or
penalties that are applied when undesired behavior occurs. These punishments can
include warnings, financial penalties, dismissals, suspensions, or any other form of
unpleasant consequence that discourages people from acting inappropriately.
André Minici Sabino and Ludmila Costhek Abílio clarify the following:
Algorithmic management has the possibility of crossing and managing a wide
range of data in real-time, guiding the activity of workers while extracting
from individual decisions and strategies new definitions and procedures.
Rainy days, variation in delivery value, distribution over time and space, time
of day, worker supply, demand level, tasks completed by each worker, are all
jointly subject to being mapped, processed, crossed, and managed as data -
management that, while mapping, also produces actions and behaviors that
will be again mapped and managed (here we follow the perspective
inaugurated by Zuboff (2018, 2019), when dealing with surveillance
capitalism). Increasingly the term gamification (Scholz, 2013) seems to make
sense, in a work process that assumes characteristics of a game, whose rules,
however, are not clear and are extremely flexible. It becomes evident that the
worker's just-in-time self-management - their personal decisions about the
level of engagement in work - is subordinate to the company's
determinations; it holds the means of control over the work, or, in other
terms, of determining the rules of the game. A path to the recognition of
subordination today is to investigate where the power to define them lies/who
holds it21.

With the implementation of the LGPD, companies must ensure that data
collection and use in the context of gamification comply with privacy regulations. This
aligns with Vidigal's observations on digital gamification, highlighting the importance
of considering the intentionality and direction of technology in work contexts.
Gamification, under the perspective of the LGPD, must be conducted ethically, with
clear and informed consent from employees to collect and process their data.
Gamification in the workplace, especially on digital platforms such as Uber and
iFood that operate in the gig economy model, presents unique challenges. These
platforms use gamification to encourage productivity and efficiency but can also create
questionable working conditions. As pointed out by Vidigal, this dynamic can result in
extended work hours and labor intensification, leading to potential feelings of burnout
and exploitation.
Moreover, the lack of transparency and control over gamification systems can
result in feelings of injustice and distrust, especially if workers perceive the system as
manipulated or unfair. This resonates with Vidigal's concern about gamification being
used to favor specific interests at the expense of workers.
Companies like Salesforce and SAP, by using gamification to motivate and train
their employees, demonstrate how the practice can be beneficial when implemented in a
balanced and ethical way. However, it is vital that companies ensure the protection of
sensitive information and compliance with the LGPD, avoiding excessive data
collection and respecting employee privacy.

The trend of gamification, especially with the increase in remote work, continues
to grow. The LGPD plays a crucial role in shaping how companies approach
gamification, requiring constant adaptation to data protection standards. As highlighted
by Vidigal, gamification in labor relations, aligned with the LGPD, presents both
challenges and opportunities. Companies that adopt gamification practices responsibly
and in compliance with the LGPD can create a more engaging work environment and
strengthen trust and respect for employee privacy rights.

21
SABINO, A. M.; ABILIO, L. C. Uberization: Entrepreneurship as the New Name for Exploitation.
Legal Journal on Work and Human Development. Prosecutor's Office of the Regional Labor Court of the
15th Region. vol. 2, no. 2.2019. p.109)
In the current scenario of gamification in the workplace, the approach of
companies such as Gerdau, Starbucks, the US Army, Deloitte, and Banco Santander
illustrates the diversity and effectiveness of this strategy 22. Gerdau, for example,
transformed its internal training with the adoption of knowledge games in virtual reality,
simulating work in the industrial pavilion23. This not only increases employee
engagement but also ensures their safety, a fusion of technological innovation and
gamification practices24.
Similarly, Starbucks used gamification to strengthen customer loyalty through
the "Starbucks Rewards" program. This gamified system, operating via app, not only
encourages recurrent purchases but also creates a sense of community and exclusivity25.
The US Army adopted combat and shooting games to attract new recruits and
train more inexperienced members, demonstrating how gamification can be
implemented in a low-cost, high-efficiency context26. Meanwhile, Deloitte revitalized its
client training format with the "Deloitte Leadership Academy," significantly increasing
website traffic and engaging a wide base of executive users27.
The Spanish banking company, Santander, through its Santander Universities
program, utilizes a gamified app to offer scholarships, thereby encouraging students to
actively participate in competitions for these available scholarships28.
Gamification, as observed by Viviane Vidigal, has an emotional and material
dimension in work, capable of attenuating labor adversities and increasing workers'
earnings. However, it is crucial that companies adopt these practices responsibly, in

22
GIROLDO, Bruna. 7 exemplos de gamificação aplicada nas grandes empresas. PUCPR, Curitiba, 2020.
Disponível em: https://posdigital.pucpr.br/blog/exemplos-de-gamificacao-aplicada-nas-empresas . Acesso
em: 18 nov. 2023
23
GIROLDO, Bruna. 7 exemplos de gamificação aplicada nas grandes empresas. PUCPR, Curitiba, 2020.
Disponível em: https://posdigital.pucpr.br/blog/exemplos-de-gamificacao-aplicada-nas-empresas. Acesso
em: 18 nov. 2023
24
GIROLDO, Bruna. 7 exemplos de gamificação aplicada nas grandes empresas. PUCPR, Curitiba, 2020.
Disponível em: https://posdigital.pucpr.br/blog/exemplos-de-gamificacao-aplicada-nas-empresas .
Acesso em: 18 nov. 2023
25
GIROLDO, Bruna. 7 Examples of Gamification Applied in Big Companies. PUCPR, Curitiba, 2020.
Available at: https://posdigital.pucpr.br/blog/exemplos-de-gamificacao-aplicada-nas-empresas . Accessed
on: November 18, 2023.
26
GIROLDO, Bruna. 7 Examples of Gamification Applied in Big Companies. PUCPR, Curitiba, 2020.
Available at: https://posdigital.pucpr.br/blog/exemplos-de-gamificacao-aplicada-nas-empresas .
Accessed on: November 18, 2023.
27
GIROLDO, Bruna. 7 Examples of Gamification Applied in Big Companies. PUCPR, Curitiba, 2020.
Available at: https://posdigital.pucpr.br/blog/exemplos-de-gamificacao-aplicada-nas-empresas .
Accessed on: November 18, 2023..
28
GIROLDO, Bruna. 7 Examples of Gamification Applied in Big Companies. PUCPR, Curitiba, 2020.
Available at: https://posdigital.pucpr.br/blog/exemplos-de-gamificacao-aplicada-nas-empresas .
Accessed on: November 18, 2023.
compliance with the LGPD, and with attention to ethics and justice in labor relations.
The diversity of gamification applications, from employee training to customer loyalty,
demonstrates its potential but also requires careful consideration of impacts on well-
being and workers' rights.

4. RESISTANCE GAMIFICATION
"Resistance gamification" emerges as an innovative concept and a critical
response to traditional gamification, particularly in the context of work mediated by
digital platforms. This new approach differs from conventional gamification, which is
often employed by companies to foster behaviors primarily aligned with corporate
interests. In contrast, resistance gamification aims to reorient this strategy to benefit
workers, promoting fairer and more equitable work practices.

The need for change arises from legitimate concerns related to traditional
gamification. There is a growing fear that this approach may conceal work
intensification, prolong working hours, and impose unattainable goals, all disguised
under the guise of a "game." These aspects can lead to a deterioration of working
conditions and an imbalance in the relationship between employers and employees.
Resistance gamification, then, emerges as a strategy to subvert or redirect the
principles of conventional gamification. The focus here is on empowering workers,
rather than just serving the interests of companies. The goal is to create a fairer and
more balanced work environment, where workers have greater control over their
working conditions. This involves implementing gamification systems that encourage
collaboration rather than competition, offer rewards for healthy and sustainable work
practices, and promote awareness of labor rights and well-being.
In this context, apps and platforms emerge that allow workers to evaluate
working conditions and share information about unfair practices. These reward systems
value the balance between professional and personal life, rather than focusing
exclusively on productivity. Additionally, there are initiatives that use game elements to
educate workers about their rights and foster unity and collective action.
Resistance gamification has the potential to radically transform the workplace,
making it more democratic and worker-centered. However, implementing this form of
gamification presents its challenges. It requires a fundamental reassessment of
gamification objectives and practices, as well as a firm commitment to fairness and
equity in the workplace.
This approach represents a significant evolution in the way gamification is
understood and applied in the labor context. It suggests a future where technology and
game elements are used not only to promote efficiency but also to improve well-being
and justice at work.
In summary, resistance gamification is an innovative approach that seeks to
rebalance power between employers and employees. Utilizing the principles of
gamification, it aims to create a fairer and more sustainable work environment,
redefining labor relations in the digital age.

5. FINAL CONSIDERATIONS
The emerging reality of algorithmic subordination and gamification in the
Brazilian workplace illustrates a crucial moment at the intersection of technology, law,
and ethics in the labor world. This essay has revealed that, despite the potential benefits
in terms of efficiency and engagement, these practices raise significant questions about
worker autonomy, personal data protection, and justice in labor relations. The
implementation of the General Data Protection Law (LGPD) in Brazil represents a
significant step in the right direction, establishing a regulatory framework for privacy
and data protection in an increasingly digitalized and algorithm-driven environment.

However, it is essential that technological advancement and innovation in work


practices are balanced with deep ethical considerations. Companies, in adopting
strategies of gamification and algorithmic subordination, must commit to respecting the
dignity and rights of workers. This implies ensuring the transparency of algorithms,
promoting informed consent in data collection, and ensuring that such practices do not
become tools of exploitation or excessive pressure on employees.

Moreover, it is imperative that the Brazilian legal system continues to evolve


and respond to the challenges presented by these new technologies. Recent judgments
by the TST demonstrate a growing awareness of the reality of algorithmic subordination
and its implications for labor law. This evolution in jurisprudence suggests a promising
path for the protection of workers in the digital age, balancing innovation with justice
and respect for fundamental rights.
In conclusion, algorithmic subordination and gamification in the workplace are
phenomena that reflect the complexity of the digital era and its implications in the world
of work. The challenge for Brazil, and for the world, will be to ensure that technological
innovation develops in harmony with ethical, legal, and humanistic principles,
promoting a work environment that is not only productive but also fair, transparent, and
respectful of the rights and well-being of workers.

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