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Judicial failure
The city justice acquitted an Uber driver accused of committing an offense last July for providing the service.
The criminal court, charged with offenses and minor offenses of the city of Buenos Aires absolved Wednesday a driver of Uber accused of an offense last July "for operating without authorization to provide the service", this which led the company towards legality.
At the conclusion of a hearing, Judge Javier Buján ordered the acquittal of the private transport service driver via the Uber electronic platform in view of the planned offense and repressed to l & # 39; s. 6.1.49 second paragraph and 4.1.7 of Law 451.
According to the website of the judiciary of the city, the magistrate understood that "the behavior is atypical in the context of it, given that the activity is constituted by a contract of private transport innominado governed by the national civil and commercial code with the corresponding contracts"
In addition, the magistrate recalled in his decision that the Supreme Court of Justice of the nation had ratified the legality of the company Uber, "considered in previous cases as a legal commercial activity", when it rejected the complaint of the Union of Taxi Drivers in August
On the other hand, he pointed out that some criminal justice precedents of the city of Buenos Aires, such as "Sajoux s / infr.to Art 86 CC", declare the non-existence of the contravention to the meaning of the article. 86 of this code.
Buján closed the audience by endorsing the words of Stephen Hawking: "intelligence is the ability to adapt to changes, it must then comply with the use of new technologies, in adapting and regulating what is relevant for their safe use in the commercial activity of citizens, as well as in the choice of users ".
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