Justice has ratified the legality of Uber in Buenos Aires

The dispute between Uber and taxi drivers adds a new chapter. Criminal court, punishable and contravening of the city of Buenos Aires declared and left firm legality of the transport system through the mobile application, subject to regulation For reasons of security or public order, according to this Wednesday informed the Department of Legal Information of Buenos Aires.

This confirmation is clear from the acquittal of a Uber driver, who had been engraved a violation record last July "to operate without authorization to provide the service". This Wednesday, at the end of a hearing, Judge Javier Buján ordered absolve the driver of the transport service in relation to the offense envisaged and punishable in Article 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 in a private transport contract unnamed regulated in the Civil and Commercial Code of the nation with related contracts ".

In the first place, the magistrate recalled that the Supreme Court of Justice of the nation ratified the legality Uber company "considered in previous cases as a lawful commercial activity", when it rejected the complaint of the taxpayer union in August this year.

In addition, he pointed out that certain precedents of the criminal courts, the courts of repression and minor offenses of the city of Buenos Aires, such as "Sajoux s / infr.In the art 86 C.C.", declare 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 offense "does not in any way prevent the State from understanding in order to regulate the exercise to a certain extent in order to preserve public order and safety (Articles 28 and 42 of the CN) ", as the province of Mendoza has recently done, a pioneer in the country in regulatory compliance with respect to digital platform, which, according to law 9886, created the figure of "private transport by electronic platform".

At the same time, in parallel, the Buenos Aires legislature approved the so-called "anti-Uber law" at the beginning of the month. Measurement fines fines up to $ 200,000 and withdraws them from driving license to people who transport pbadengers illegally.