A carona remunerada na legislação brasileira de transporte individual de passageiros: o conflito entre taxistas e Uber

Abstract

The public transport is a topic that has gained a lot of importance in the politic environment, since the traffic jams are getting bigger and more frequents, and the answer given by the Public Power to these problems is unsatisfactory, as the current model of public transport in the large urban centers. In this context, emerged the Uber, a company that offers a private ride service through a mobile app. For offers a service very similar to taxis, transport people for money, the Uber has been target of several protests organized by taxi drivers when started its operations in Brazil, although the company says that the service offers is not yet regulated by the Brazilian Law. This research analyzes whether Uber is, in fact, irregular or operate in a legislative gap, as well as indicates solutions to solve the conflict between taxi drivers and Uber. To reach this objective, a range of hypotheses that could solve such conflict will be analyzed, by a research in legislation, bills, doctrine and jurisprudence, and the identification of similarities and differences between the taxi and Uber. It was concluded that Uber, firstly, was irregular, because their practice of transport people for money is consider exclusively to taxi drivers, however it can be regulated by federal or municipal law, and the best way to solve the conflict between taxi drivers and Uber is with a wide deregulation of the entry requeriments and pricing policy of the individual transport of passengers system.