As bases jurídicas da economia colaborativa no Brasil e os caminhos possíveis à sua regulação.

Abstract

This dissertation addresses the legal bases of the collaborative economy in Brazil, and the possible ways to regulate it, from a communitarian perspective. Considering that economic activities based on collaboration mediated by digital technology and the internet have grown enormously in Brazil and in the world, and, considering that Brazilian legislation does not contemplate such activities, with the current scenario of legislative omission, the problem that guides this work is: what are the existing legal bases for the collaborative economy in Brazil and what are the possible paths for its regulation? The general objective is to investigate whether there are legal bases for the collaborative economy in Brazil and the possible parameters on which this possible regulation should take place. The hypothesis used was that the collaborative economy does not have specific regulation in the Brazilian legal system, and it is possible to find devices of a similar nature, which would present the need for regulation of the theme in view of the increasing use of this type of economic activity, in view of the evidence of collaborative practices throughout human history, suggesting a natural nature of cooperation by human beings. The research is based on the communitarian conception proposed by Amitai Etzioni, which establishes three spheres of society's action, the state sphere, the market sphere and the community sphere. The theoretical framework relied on other communitarian sources, in addition to theorists linked to cooperation. Authors who address the collaborative economy from an economic or marketing perspective were also analyzed, in addition to existing legislation, constitutional provisions applied to the subject and jurisprudence. The concept of collaborative economy was established from the communitarian point of view as the set of economic activities that generate profit at the same time individually and collectively, through the optimization and sharing of available resources. The adopted method is deductive, as it starts from general assumptions related to the economic sphere to the specificities of the collaborative economy. The research technique is bibliographic, with the use of the Federal Constitution, extravagant laws and regulations, books, dissertations, theses and scientific articles, websites, written and online press articles. The study fits into the research line of Social Rights and Public Policies of the Graduate Program in Law at the University of Santa Cruz do Sul - UNISC, since it aims to demonstrate the importance of this economic activity and its relationship with the country's Law. , in the sense that, as a producer of wealth or a maximizer of the exploitation of goods, it has an impact on the community, both legal and social. The research concluded that the collaborative economy is only partially supported by current legislation, requiring a regulatory framework for the sector, which includes private, public/state, and community undertakings, which promote the collaborative economy.