The criminal, illegal and misdemeanor courts of the city of Buenos Aires have declared and left the legality of the Uber transport system subject to regulations for reasons of security or public order, the Buenos Aires judicial intelligence department said on its website,
Following an oral hearing, holder No 7 of the Criminal, Unlawful and Criminal Court of Buenos Aires, Javier Buján, ordered the liberalization of private transport services by means of the Uber electronic platform in connection with the transfer established and suppressed in the second paragraph of Article 6.1.49 and 4.1.7 of Law No 451, taking into account that the behavior is of the same nature as atypical, the activity is made up of a private contract on unrestricted transportation regulated in the Civil and Commercial Code of the National with the relevant contracts. All this has been resolved in the case of "B.M., A. on 6.1.49 Bis – Provision of public service taxis without authorization".
Firstly, the judge reminded that the Supreme Court of a Member State had ratified the lawfulness of UBER "considered in previous cases as legal business", When he rejected the taxpayer's complaint in August of this year.
On the other hand, he pointed out that certain precedents in Buenos Aires' criminal, unlawful and unlawful judicial system, such as' Sajoux s / infr. Article 86 C.C. ', state that there was no infringement within the meaning of Article 86 of the Code.
However, he considers that the legality and ambiguity of behavior in errors "in no way prevents the State from understanding whether its enforcement is to a certain extent regulated in order to maintain public order and security (Articles 28 and 42 of the CN)"As the province of Mendoza has recently passed,"a pioneer in the country in the matter of regulatory adaptation in transport matters through the digital platform, which, according to law 9,086, created the status of "private transport through electronic platforms"& # 39;