Os limites da intervenção regulatória do Estado nos novos modelos de economia colaborativa: uma análise à luz do Uber e Airbnb

Abstract

The present article aims to analyze the possibilities and, especially, the limits of the State in its interventor-disciplinary role in the new model of collaborative economy. In Brazil, this type of business expanded, especially with the arrival of platforms such as Uber and Airbnb, which generated great discontent among taxi drivers and hotel chains, sectors that operate in those areas. In this context, several bills have been proposed under the most different arguments, including prohibiting the operation of these platforms. Thus, this work, divided into two main parts, makes a macro analysis of the economic legislation in which Brazil is inserted, and then to enter into the State Regulatory Power, its limits and forms of action. Finally, an analysis of Uber and Airbnb will be done, including their business model and the services provided by each one, discussing the limits of State intervention in these businesses based on the principles of the Democratic State of Law, the Economic Legislation and social situation imposed by our Federal Constitution