A intervenção e regulação estatal sobre o serviço oferecido pelo Airbnb no Brasil
Airbnb was created in 2008, San Francisco, USA, with the purpose of allowing people to announce and reserve accommodations along the world, but only in 2012 this company came to Brazil. However, with your expansion and success, this platform has originated conflicts in cities which have announced re...
Na minha lista:
| Autor principal: | |
|---|---|
| Outros Autores: | |
| Formato: | postGraduateThesis |
| Idioma: | pt_BR |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
|
| Assuntos: | |
| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/44182 |
| Tags: |
Adicionar Tag
Sem tags, seja o primeiro a adicionar uma tag!
|
| Resumo: | Airbnb was created in 2008, San Francisco, USA, with the purpose of allowing people to announce and reserve accommodations along the world, but only in 2012 this company came to Brazil. However, with your expansion and success, this platform has originated conflicts in cities which have announced real states, due to the lack of regulation. In Brazil this situation was not different – Airbnb has aroused discontentment in the hotel chain due to the fact that this same chain believes that particulars do a hotel role. Thereby, this sector understands Airbnb as a direct and disloyal concurrence. Therefore the present work constitutes itself as a descriptive-explanative research, which has the objective of evaluating the state economic intervention institute towards one of the sharing economy’s phenomena – element that provides substrate in order to think about a possible regulation in the private sphere, analyzing its limits and foundations, under the light of economic constitutional principles and of what disposes the Federal Constitution of 1988. Furthermore, it intends to determine the possible existence of market flaws in the service offered by Airbnb towards the impossibility to this sharing economy auto regulate itself in order to produce desirable results in accordance with the public interest. The present work also wants to analyze Airbnb’s juridical nature, that is to say, whether is of accommodations hosting or leasing, based on Law 11.171/2008 and Law 8.245/1991, and to peruse the Bills proposed by the Congress, aiming to ascertain your viability in compliance with this study. Ultimately, some regulatory assumptions are proposed to guide the Regulatory State when editing directing norms, be them from a new law or an existing one in juridical Brazilian Ordering, in order to act appropriately towards this new phenomenon which ruptures itself from traditional economic structure, showing respect for the technological development, the fast changes inherent to innovation, free enterprise, free competition, legal certainty, consumer protection, fundamental rights and public interest. |
|---|