CRITICAL ANALYSIS OF THE CLOSED CIRCUIT RULE OF THE NATIONAL LAND TRANSPORTATION AGENCY: UNCONSTITUTIONALITES AND ABUSE OF REGULATORY POWER.
sharing economy; Administrative Law; Law of Economic Freedom; collaborativetransport;regulatoryagencies.
The advent of the internet around the world brought with it a wide diversity of entrepreneurship possibilities. If commercial exchanges of products and services previouslydependedalmostexclusivelyonface-to-face interactionsbetweensuppliers andconsumers,mobiledevicesconnectedtotheworldwidewebfavorthecelebrationof businessopportunitiesbetweenparties locatedevenkilometersawayfromeachother. Theeaseof communication,aswell as instantaccess toinformation,makeitpossible forentrepreneursanddevelopersaroundtheglobetobecomeawareof theneedsand complaintsofdifferentconsumerprofiles, facilitatingthedevelopmentofbusinessesthat meet exactly themappeddemands. It isprecisely in thisscenario that theso-called sharing economy is developing. A field of the digital economy inwhich disruptive startups operateandwhich ismainlyknown for theoffer of innovativeproductsand services tothegeneralpublic.Despitethebenefitsbroughtbynewbusinessmodelsto the Brazilian economy, obsolete regulations impose obstacles to the operations of companiesthat,notoperatingwithinascopeof illegality,expandtheoptionsofproducts availabletoconsumers.Withthisscenarioasabackdrop, thisworkusesthecasestudy methodology to analyze the characteristics of the road transport by charter under collaboration in interstateroadpassenger transport-TRIP. It isanalyzed, inlightof the Constitutionof theFederativeRepublic of Brazil of 1988and theLawofEconomic Freedom(Lawnº 13,879, ofOctober3,2019), the legal-constitutional contoursof the "closedcircuit" ruleestablishedby theNationalAgencyofLandTransport-ANTTon TRIPundercharter. Intheend,basedonthe legislationunderdiscussionandalsoon jurisprudential understandings of the Federal SupremeCourt in similar cases, it is concluded that the closed circuit is incompatiblewith thenational legal systemand posesathreat tothefreedomof initiativeinBrazil.