RESPONSABILIDADE CIVIL DOS APLICATIVOS DE TRANSPORTE POR CANCELAMENTO DE CORRIDA ACEITA POR MOTORISTA PARCEIRO

Abstract

Taking into account the repeated complaints and dissatisfaction of users of transport apps with the common practice of canceling rides, this research aims to analyze the abusive cancellation of rides accepted by the drivers of these apps and the possibility of civil liability of such platforms for damages eventually caused to consumers. It is proposed to answer the following question: can transport apps be held civilly liable for canceling rides accepted by their partner drivers? To this end, from a methodological point of view, the hypothetical-deductive method is used, with an investigative and qualitative approach. As for research techniques, it is based on bibliographic and documentary review, using books, scientific articles, news, documents and court decisions. In this regard, it points to the configuration of transport applications as suppliers in the consumer market, with the practice of canceling rides being abusive, considering that it goes against good faith and violates basic consumer rights. Therefore, as a result of any damages arising from this conduct, all suppliers in the supply chain must be jointly and severally liable for the losses imposed on the consumer. Then, this investigation presents the conclusion that transport applications are jointly and severally responsible for any damages caused to the consumer due to the cancellation of a ride already accepted by an accredited driver.