A livre iniciativa e a livre concorrência frente à constitucionalidade do aplicativo “Uber”: uma análise acerca da efetiva promoção da inclusão social

Abstract

The present work aims to analyze the existing problematics between the taxi drivers and the Uber workers. The analyzed conflict has the exordium in 2014, when Uber has brought to Brazil a new way of individual passenger transportation provision. In the light of the legal system we intend to evidence the legality of Uber services, as well, its relation with the economy guiding principles, being two of these principles: the free initiative and the free competition, both of them being expressed on article 170 of Brazilian Constitution of 1988. Likewise, by a qualitative investigation applied to the economic, social and law thematics, seeking to analyze the Brazilian State in the solution of this conflict, this is, if is up to State to abstain or to interfere in economic scope, as well its position regarding the new technologies there are arising, these ones that are part of globalization phenomenon, unavoidable in contemporaneous world.  Meanwhile we intend to establish an harmonic relation between these parts of this case, because both of them are the owners of fundamental rights and duties that are provided by Brazilian Federal Constitution, being its State obligated to protect them. Moreover this work propose to expand the discussion, reflecting the social benefits that these new ways of service provision bring to society, having thus, as a result, the increasing number of people having access to this kind of services, what, consequently, decrease the inequalities and promotes the social inclusion, being theses values being listed in Brazilian Urban Mobility Law, on the article 7 of Brazilian Constitution, as one of the National Urban Politics objectives.