URBAN MOBILITY AND TRANSPORT BY APPLICATION: PERSPECTIVES TO A SUITABLE REGULATION
Fundamental Right. Urban mobility. Sharing economy. Transport by application. Regulation
The dissertation discusses the urban mobility fundamental right concretization in the presence of innovations like transports by applications. Recently added into Brazilian Federal Constitution, the right to efficient urban mobility comes to integrate the list of fundamental rights. Its precise understanding demands to overcome the traditional sorting of these rights in generations, dimensions or status. Then, it aims highlighting the new right from its functions or plurifuntions, based on a tripod formed by transport, infrastructure and road safety. These three aspects gain new outlook with the so named sharing economy, which has brought countless possibilities in terms of services, planning and urban mobility management. At this point, it looks to understand the new possible relations from complex and linked contracts both in real and digital environment. In conclusion, it suggests surpassing the idea that urban mobility regulation takes place only by using the power of police. In fact, the idea of urban mobility regulation demands to absorb the wider idea of ordination, in particular whereas the new possibilities of ordination across digital environment, which allows to use ways substantial less intrusive into private life and potentially more efficient on concretization of the right to urban mobility.