The author explains two rulings issued by the Supreme Federal Court of Brazil, which held that private transportation services are regulated by substantive national laws, and that the local regulations that prohibit or excessively restrict the provision of such services are unconstitutional.

Additionally, he explains that the provision of private transportation services through apps like Uber is different to taxi services.

According to the Court’s arguments, none of the platforms that form part of the collaborative economy require specific regulation in order to be legal and operational, as long as they comply with the substantive legislation of the country in which it operates. However, the Court clarified that specific regulation may exist, provided it does not prohibit or excessively restrict the service, in a way that would make its operation impossible.