TJ-MG confirms driver excluded from 99 list due to shared account

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Article 421 of the Civil Code provides that freedom of contract is exercised within the social Chinese Overseas America Number Data function of the contract and that the company is free to choose its partners in accordance with its standards and taking into account its values.

Reproduction This is the basis adopted by the 14th Civil Court of Minas Gerais in a decision that modified the judgment of the 12th Civil Court of Belo Horizonte to confirm the exclusion of a driver from the company's Application outside 99 Tecnologia Ltda.
In this case, the author of the lawsuit suspended his registration on the platform for sharing his account with a third party and subsequently requested the reinstatement of his profile on the platform, which the company did not allow.

In the revoked judgment, the court of first instance ordered the company to re-register the driver and compensate him R$5,000 for moral damages, plus compensation for lost profits. The app company appealed, alleging that by signing up on the platform, drivers accepted terms that allowed the company to exclude co-drivers.



Analyzing the case, the rapporteur, Judge Marco Aurelio Ferenzini, learned that a provision in the regulation that excludes drivers “allows for discretionary action, While observing the particularities of each case, such actions do not lead to illegal behavior by the company."

Judges Valdez Leite Machado and Evangelina Castilho Duarte followed this understanding and voted to concur with the Rapporteur.