A inconstitucionalidade da proibição do transporte de passageiros no âmbito privado: uma análise do caso uber

Abstract

In response to the emergence of disruptive business models, rebel-up segments of society demanding legal and judicial protection of economic activities that they develop. In our times, we are faced with the case of UBER, smartphone application that enables hiring, private, individual passenger transport services, and other similar services offered in the company's catalog. In contrast, the taxi drivers are positioned, through their unions, claiming the prohibition of the service available through UBER, by anyone. They argue, therefore, that the individual passenger transport is a private activity of professional taxi driver, as defined in Law 12,468 / 11. In light of the regulatory constitutional principles of Economic Order, seeks to demonstrate the unconstitutionality of the UBER use prohibition as a hiring tool of individual transport passenger service in the private sector.