The Criminal, Traditional and Criminal Offenses Courts of the City of Buenos Aires announced to the Judicial Information Department of the Buenos Aires on its website and, in observance of safety and public order, declared the lawfulness of the transport system within the Ubera Platform.
Following the oral hearing, the 7th Judge of the Criminal Offenses and Infringement Court of Buenos Aires, Javier Buján, ordered the release of a private transport service leader via the Uber electronic platform in connection with artistic and repressive offenses. Law no. 451 6.1.49. Paragraph two, and paragraph 4.1.7. The point is that the behavior is atypical within the same scope, given that this activity is created in the private, flawless transport contract, which is governed by the Civil and Commercial Code of the State with related agreements. All this was resolved in the course of the case "B.M.A.A. to 6.1.49 Bis – provision of public services of taxis without permission".
First of all, the judge recalled that the Supreme Court of National Republic approved the legality of the UBER company,in previous instances considered to be lawful commercial activity"When he rejected the tax payer union's complaint in August of this year.
He emphasized, on the other hand, that certain precedents from the judicial system of the criminal, anti-terrorism and criminal justice systems of the City of Buenos Aires, such as "Sajoux s / infr. To Article 86, Article C. C.", declare the absence of an infringement in accordance with Article 86 of the Code.
However, he argued that the lawfulness and the untypiveness of the conduct of the infringements'in no way allows the State to understand, to a certain extent, its application in order to preserve public order and safety (Articles 28 and 42 of the CN)"As the province of Mendoza recently,"the pioneer of the country on the adjustment of regulation in the field of transport using the digital platform, which, in accordance with the law, 9 086 created the figure "Private transport using electronic platforms"""