Banca de DEFESA: KATE DE OLIVEIRA MOURA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : KATE DE OLIVEIRA MOURA
DATA : 08/02/2019
HORA: 15:00
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:
PALAVRAS-CHAVES:

Regulatory State. Disruptive Innovations. Competition Law. Uber.

PÁGINAS: 105
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:

This paper aims to study the role of the Brazilian Regulatory State in the face of disruptive
innovations, drawing as a thematic section the Uber case analysis from the competitive law
perspective. As a way of presenting the concepts more clearly and elucidatively, we chose to
divide the present work into three main chapters, with an initial general approach, dealing
with Law and disruptive innovations, until arriving at the specific study of the case Uber x
Taxi . In the meantime, the first chapter will cope with the relationship between State, Law
and Technology, in order to clarify what would be disruptive innovations and what
differentiates them from technological innovations, as well as their repercussion for Brazilian
Law. The second chapter will focus on the role of the Brazilian Regulatory State in the face of
disruptive innovations, addressing issues such as: the choice of the Original Constituent by
the Regulatory State, the state regulation of technological innovations and the challenges
arising from disruptive innovations for the Regulatory State. In this chapter, what is the basis
for regulating new technologies? Was it really necessary? Once you choose by regulation,
what would be the right time? To what extent can regulation affect disruption? And what kind
of regulation is best suited to the disruptive context? As challenges, there are four difficulties
for the Regulatory State: regulatory asymmetries, the risk of capture, the need for Regulatory
Impact Analysis (RIA) and the Sectorial Judicialization phenomenon. In the third chapter, we
will approach the competition institute in the context of disruptive innovations, bringing to the
fore the analysis of the Uber x Taxi case, in the perspective of the competitive law. In this
regard, the following topics will be addressed: i) the competition institute in the Constitutional
Economic Order, ii) competition in the context of public services and public utility; (ii)
Brazil's legifi- cant tendency to launch moorings on new economic activities; (iv) an
examination of the Uber x Taxi case, based on two paradigms, ADPF 449 / EC and the
Extraordinary Appeal nº. 1,054,110-SP RG. The present study will make use of an eminently
theoretical and qualitative approach making use of the indirect documentation with
bibliographical examination in books, scientific articles, news, monographs, dissertations,
doctoral theses, magazines and periodicals involving the theme, allied to the investigation of
all the legislative framework pertinent to the case, especially the 1988 Federal Constitution,
the National Urban Mobility Law and the UBER Law), as well as the case Uber x Taxi in the
STF. Taking the choice of the Constituent State of the Regulating State into account, it
should not remain inert. However, understanding what the role of this Regulating State is,
how to intervene, to what extent, what kind of regulation, at what time, is a real challenge to
the current Law. In this sense, we sought to examine the possibility of competition between
Uber and taxi, in a clear regulatory asymmetry of legal regimes, in order to ensure the
applicability and effectiveness of the constitutional principles of the economic order in
aforementioned disruption.

MEMBROS DA BANCA:
Interna - 1753047 - MARIANA DE SIQUEIRA
Presidente - 1644691 - OTACILIO DOS SANTOS SILVEIRA NETO
Externo à Instituição - VICTOR RAFAEL FERNANDES ALVES - TCE - RN