Da regulação das inovações disruptivas: uma análise à luz dos serviços de transporte privado individual de passageiros

Abstract

This essay seeks to analyze the challenges created by disruptive innovations for the State when acting as an economy-regulating agent, given the inability it shows to follow the dynamicity inherent to such market sectors. Thus, and with a special focus on the “individual private passengers’ transportation service”, this essay tries to give answers to questionings about the exercise of the State’s regulatory activity in economy sectors known for their innovation. Therefore, the first chapter indicates a general view of what differentiates ‘public service’ from ‘private activities stricto sensu’, also exposing what is the definition given to ‘private activity of public interest’, in order to set the basis for the juridical concept of the aforementioned transport services. Furthermore, the second chapter brings to light characterizing elements of transportation services in general, in order to differentiate them amongst themselves, and, at the same time, dispose of sufficient basis to categorize each modality to fit on the definitions brought by the first chapter. At last, the third chapter of this research discusses the meaning of the individual private passengers’ transportation service and its place in the current juridical system. It exposes potentially solving arguments for the elaborated questions, especially when it comes to regulation, the basis for it, the ways it can come to be and the limits that restrain it.