ABUSIVIDADE DA COBRANÇADIFERENCIADA DE SERVIÇOS DE APLICATIVO DE MOBILIDADE URBANA VINCULADA À CELERIDADE DO EMBARQUE DO PASSAGEIRO

Abstract

Private transportation apps emerge as innovative solutions to the demands of the population, facilitating movement in cities. Among the services offered by these companies, the differentiated pricing for priority boarding raises questions about its legality and potential abuses. Thus, this work aims to analyze whether this practice should be considered abusive in light of Brazilian consumer law. It seeks to answer whether the differentiated charge for faster boarding of a passenger using an urban mobility app constitutes abusive commercial practice? To achieve this, the methodology involves bibliographic and documentary research, which included reading and compiling doctrines, scientific articles, news, legislation, and relevant jurisprudence on the topic. In this way, it is possible to achieve the objective of analyzing, through consumer protection laws, the abusiveness of the differentiated price charge for the expedited boarding of users of private individual passenger transport apps. The conclusion points out that this charge disrespects fundamental principles and rights, especially the right to equality in contracts and the freedom of choice. The results show that the differentiated charge for priority boarding is an abusive practice, infringing on consumers' rights. This practice not only undermines the order of service but also creates an imbalance in the consumer relationship, leading to a violation of rights guaranteed by the Consumer Protection Code (CDC). The study contributes to the reflection on consumer protection and the fight against harmful commercial practices, highlighting the harm that users face when they fall victim to these behaviors.