Análise econômica do direito e o caso UBER

Abstract

The present thesis seeks to analyze, from a holistic and interdisciplinary vision between Economy, Administration and Law, the "Uber case" in Brazil. The Uber case is about the prohibitive regulations for the Uber shared carpool application in Brazil, carried out between 2015 and 2018 in several municipalities, such as São Paulo and Rio de Janeiro, and it is also discussed in the Chamber of Commerce. Deputies from Brazil. Only in 2018, with the amendment of the National Plan for Urban Mobility, given by Law 13.640 / 2018, was included the "individual private passenger transportation", recognizing Uber in the national legal system and practically closing the discussions at the municipal level to try (economic freedom and individual liberty) and human development, according to economists' ideas Nobel Prize in economics Milton Friedman, Amartya Sen and Friedrich Hayek, and the Economic Analysis of Law, to seek to analyze the regulations from the point of view of correcting market failures and externalities, seeking to avoid the production of laws based on renaissance and regulatory capture, according to the work of Gregory Mankiw, George Stigler, Ronald Coase, and Paula Andrea Forgioni. of the modern Administration, proposed by Michael Porter and Jim Collins, to clarify the unconstitutionality of the prohibitive measures to the Uber from the point of view of the principles of the economic order of the Federal Constitution. Considering these premises, it analyzes the consequences of Uber's use of labor, tax, business and consumer prisms.