A Constitucionalidade da Uber à luz dos princípios e fundamentos da ordem econômica brasileira

Abstract

This paper aims to analyze the problems that arose with the introduction of the Uber application in Brazil, which led to protests, criticisms, aggressions, discussions in the legislature, and even political pressure to eliminate the company's operations in Brazil. a great debate about the legality of the service, as well as the necessity, or not, of the regulation of its activity. Thus, based on the constitutional principles of free competition and free initiative, the main objective is to verify the constitutionality of the service provided by Uber. Also, investigate in which category the service of Uber and the taxis fits. Find out if the activity provided by taxi drivers and Uber is public service, activity of relevant collective interest or economic activity stricto sensu. Regarding the legislative competence regarding the matter of traffic regulation, verify the competence of the Union, the States, Federal District or Municipalities to legislate individual private passenger transport, and finally, to discuss the contrasted points of unfair competition.