REGULATION OF INDIVIDUAL PASSENGER TRANSPORT: A STUDY ON THE UBER CASE IN BRAZIL

Abstract

The mobile app known as Uber defines itself as an intermediary between passengers interested in moving around in urban centers and car owners interested in offering paid individual transportation. This application - originally from San Francisco, California - has caused some controversy in all countries where it operates for allegedly being involved in unfair competition over taxi services - which have a number of legal requirements to operate that are not being required in the same proportion from the drivers partners of Uber. This paper proposes to analyze Uber's performance in Brazil from the first experiences of the application in the country: Rio de Janeiro (2014); Sao Paulo (2014); Belo Horizonte (2014); and Federal District (2015), as well as implications of this modality of service for urban mobility. As a reference for the discussion, will be considered the positions of the Executive, Legislative and Judiciary authorities in relation to the main controversial points: i. the supposed regulatory capture of the Legislative and Executive by taxi drivers; ii. the public security; iii. the economic protection of the consumer; iv. the traffic; and v. the quality of the service. Finally, it is considered that both, free market and market reserve for individual passenger transport, have the same purpose: to promote universal access to the city. However, it would not be appropriate to answer which of the two paths best serves its purpose without taking in consideration an empirical study of the real need for individual transportation in each specific city.