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The magistrate recalled that the Supreme Court of Justice of the nation had ratified the legality of the company Uber, "considered in previous cases as a lawful commercial activity", after rejecting the complaint of the Union of taxpayers in August this year.
In addition, he pointed out that certain precedents of the criminal courts, the courts of offenses and minor offenses of the city of Buenos Aires, declared the non-existence of the contravention within the meaning of article 86 of this code.
However, he argued that the legality and atypical nature of the conduct of the offenses "does not in any way prevent the State from understanding so as to regulate the exercise to a certain extent in order to preserve public order and safety (Articles 28 and 42 of the CN) ", as recently made the province of Mendoza," a pioneer in the country in terms of regulatory adjustment in relation to transport by digital platform, which by law 9886 created the figure of "private transport via electronic platforms" ".
Buján closed the audience by repeating the words of Stephen Hawking: "intelligence is the ability to adapt to change"; we must be more attentive to the use of new technologies; adapt and regulate what is relevant for the safe use of the same without harming the citizens' right to commercial activity; as well as the choice of users, according to the decision published by the judicial site.
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