A natureza jurídica dos contratos de transporte individual públicos e privados: análise jurídica da atividade e das relações contratuais envolvendo táxis e aplicativos de transporte individual de passageiros

Abstract

In the last decades, with the growing urban chaos experienced in large Brazilian cities the subject matter of people transportation has gained prominence importance. As a result, several legislative initiatives have emerged seeking to address the issue, in particular Law 12,587 of January 3, 2012, the so-called "National Policy on Urban Mobility - PNMU." This legal text has brought various advances in relation to collective passenger transport, however, the issue of individual passenger transport through Taxis continues to be the subject of controversies, especially with regard to the legal nature of the activity and the scope of obligations of those involved. In this intricate situation, emerges the phone applications for private urban transportation, this new technology, which are involved in several controversies, represents a new challenge to the operators of the law, especially in relations between the parties to the relation (Application Companies, Autonomous Drivers and Registered Users). With a theoretical construction in contractual law, the present work seeks to understand the scope of obligations involved in the provision of private and public urban transport service, considering the recent legislative initiatives, jurisprudence and the contractual practice on the subject