Legal aspects of the sharing economy

Social function and trust: analysing the law in Brazil.


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Published in Portuguese

This article aims to analyse a set of legal features concerning the evolution of the so-called sharing economies. In order to better understand how Law can interplay with the expansion of activities usually labelled as part of the sharing economies movement, the article suggests that the constitutional principle of social function of property as well as the strengthening of the principle of objective good faith could serve as two relevant guides to such an analysis. The compliance requirements stated in some constitutional and other legal provisions concerning the social function of property can lead to a better way to examine the impact of sharing economies activities in the cities. On other hand, the principle of objective good faith can emphasize how typical sharing economy initiatives might increase transparency and trust in contractual relationships.

To cite this paper:

SOUZA, Carlos Affonso; LEMOS, Ronaldo. “Aspectos Jurídicos da Economia do Compartilhamento: Função Social e Tutela da Confiança”. Revista Direito da Cidade, V.8, No.4; p. 1757-1777.


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