O UBER E A REINVENÇÃO DO DIREITO ADMINISTRATIVO: OS NOVOS HORIZONTES DA REGULAÇÃO DAS ATIVIDADES ECONÔMICAS

Abstract

Ever since the state changed its role as the passive guarantor of freedoms to a provider of utility and services, a series of activities of economic nature that once were in charge of private enterprises began to be understood, to some extent, as competence of the State. Even if not the sole provider of the service, state power came to believe that those utilities and services with economic content should at least be regulated and supervised by structures created for that purpose. An immense arsenal of mechanisms of permission, control, verification and normalization of activities with economic potential. The present article aims to discuss how the traditional system of regulating taxi services has been abruptly deconstructed by the UBER concept, imposing an unshakeable redefinition of the State in its role of allowing, regulating and supervising activities with economic potential that are within the scope of the new shared economy.