O direito à mobilidade urbana na economia do compartilhamento: regulando com base em dados

Abstract

The dissertation discusses how the services of the dubbed sharing economy could contribute to the effectiveness of the fundamental right to urban mobility, recently added into Brazilian Federal Constitution. For that, it will not be studied according to the traditional sorting of these rights in generations, dimensions or status. In one approach more focused on its concretization, the right will be seen from its from its functions or plurifuntions, in this case related to the idea of development, this considered as the widening of the capacities of those that live in the urban space. On this way, it will be structured based on a tripod formed by transport, infrastructure and road safety, whose central statute is the National Policy of Urban Mobility. Once outlined the object of study, the event of the sharing economy will be examined from this central subject. Considered an economy of platforms, it will be treated the interactions between physical and digital spaces, in order to establish the limits which the State will act in this field, eminently related to the private sphere, and with the purpose of concretization of the right to urban mobility. This will allow to consider a new space to State regulation, now in a digital environment, what demands new caution, like the privacy protection. In this new landscape, it will be suggested the substitution of traditional ways how the State have been treating the matter of mobility: using more of which has been dubbed ordination instead of the traditional power of police and regulation. By distinguishing this ways of State intervention in the private sphere, it will be considered the degree levels, in which the ordination come close to the other institutes, but allows a more flexible and less intrusive relation, considered necessary in the field of the sharing economy. In the end, seen the problem of the urban mobility as a tragedy of commons caused by the lack of equilibrium between supply and demand of the capacity of transportation available in the urban environment, it will be recommended some legal and executive ways those are necessary during what will be called third cycle of regulation of that platforms, no more to ban (first) nor with symmetric regulation (second), but giving them an specific handling. From legal and jurisprudential landscape collected, it’s concluded that Brazil is ready to enter in the third cycle of regulation, in which Federal government has to drive the legal acts that will make subnational entities to adopt more effective ways to widen the right to urban mobility, such as: i) cooperation with the platforms to access and share data, which will be used to balance supply and demand of services and bring opportunities of mobility to whom don’t have; ii) to reduce the externalities, by transferring to the platforms social security duties, for example; and iii) to include on regulations the duty to special treatment of disabilities people, as same as happens for traditional services. The methodology adopted involves the deductive approach method and the monographic procedure method. It’s a qualitative, fundamental, exploratory, bibliographic and documental research, based on secondary sources.