Misiones Court Acquits A Driver Due To Lack Of Regulation
On the 25th of September, 2024, in the case “Alarcon Ezequiel Timoteo s/ apelación”, Expte. N° 13203-AP/2024, the No. 1 Juvenile Criminal Court of the 3rd District of Misiones acquitted a driver on the grounds that ordinances cannot be applied by analogy in the absence of municipal regulation about an activity. The Court further stated that the lack of clear rules affected the defendant’s right to a fair trial.
At the same time, the Court offered certain remarks on the app, pointing out that the factual basis of Uber’s activity is substantially different to that of taxis, and that imposing inadequate regulations on this new phenomenon would negatively impact innovation. It also indicated that viewing Uber as a conventionally regulated public service, with restrictions on the introduction of technology, is both an outdated perspective and disregards user needs as well as freedom of choice.