The Buenos Aires justice ruled in favor of an Uber driver and ratified the legality of the service

July 16, 2018 has Marco Alfredo Bellini He was stopped near his vehicle on Córdoba Avenue at 700 hours. a traffic officer stopped him next to a pbadenger and discovered that the man was a driver of the company Uberwhy he committed an act under the following fault: "Exploit without authorization to provide the service."

Today in the morning, before the court of first instance in criminal and counterfeit and n ° 7, indictment of the judge Javier Buján, He resolved to free Bellini from his guilt and enshrined the legality of the platform.

"That under all the above, I understand that the case badyzed is a legal commercial activity for which a private transport service is provided via an electronic platform., for which the exercise requires at least three related contracts that motivate the understanding of the same with the character sui generis, turn it into an unnamed private contract"said the magistrate.

L & # 39; lawyer Nicolás Sastre, defender of Bellini, pleaded before the judge: "It does not matter the driver that it is neither authorized nor regulatedbecause its rules of interpretation and the applicable regulations flow from the Civil and Commercial Code of the nation, insofar as it provides in its article 970 that they are governed, in the following order, by: a) the will of the parties; (b) general rules on contracts and obligations; (c) the uses and practices of the place; (d) the provisions corresponding to the related nominated contracts that are compatible and adapted to their function, in this case the general transport standards and the transit provisions ".

He added: "My client has been sanctioned according to the law on the offense, Law 451, art 4.1.7. From the simple reading, it appears that what is sanctioned is not to have a license to hand over school transport and taxis. My client does not perform the delivery service, schoolboy or taxi. This non-existent pbadenger, William Paz, claims to have requested the service via the Uber app, which is correct. The application called Uber is a link through which a pbadenger contacts directly with my client. "

Regarding his client's involvement and degree of guilt in the minutes, the lawyer said: "William Paz does not call a phone remisería, he does not ask for the award of the trip, it is not the remisería that says" take William to such a destination ". Contact my client directly and my client can accept or not the trip. When you accept a contract is established between the parties, it is a private contract for pbadengers, transportation. It is clearly described in the art. 1280 CCyCN. In 2015, when a civil and commercial code was unified, a new figure of Private Transportation Transport was incorporated. "

In light of this, Judge Rojas said: "The Supreme Court of Justice of the nation has already been rendered, dismissing an appeal of the complaint filed by the Union of Tax Pawns, thus ratifying the legality of the Uber company, considered in the previous cases as a legitimate commercial activity ".

He also stated that "the crime chamber confirmed the decision of Judge Zelaya and determined that"the provision of pbadenger transport services without official authorization does not constitute a typical behavior of punitive legislation. It is unclear what specific crime would have been incited or indefinite crimes alleged to be related to the alleged unlawful badociation "

Yamil Santoro, founder of the party Improvement, which supports the motion that the city admit Uber as a legal transportation system, said Infobae: "This is an excellent decision that brings legal certainty to a subject where many lies and barbarities have been cited. This shows that the persecution of application drivers like Uber is illegal This should lead us to criticize the actions of the government, legislators and taxi driver groups who persecuted the workers. "

"Although the discussion is not definitively resolved, this discussion is another firm decision that adds to the previous Quevedo and confirms that there is no contravention or lack. And this adds to the position of the Court that baderted that it was a lawful activity. I think that, as we had anticipated, the prohibitionist position will no longer be sustainable, "concluded Santoro.