DEACTIVATION OF DRIVER ACCOUNTS BY DIGITAL PLATFORMS: LIMITS OF PRIVATE AUTONOMY AND THE CIVIL LIABILITY OF UBER AND 99 COMPANIES IN THE STATE OF AMAZONAS

Abstract

This article addresses the legal limits of private autonomy exercised by the digital platforms Uber and 99 in the face of the unilateral deactivation of driver accounts. The research demonstrates that the contractual relationship, marked by the asymmetry of power, imposes the application of objective good faith and the social function of the contract. The analysis reveals that summary deactivation, without motivation and prior defense, constitutes an abusive exercise of rights and violates constitutional guarantees. Under the focus of civil liability, the jurisprudence of the Court of Justice of Amazonas (TJAM) consolidates the understanding that the unlawful act generates the duty of full reparation, encompassing moral damages and lost profits, which demonstrates that judicial control is indispensable to curb arbitrariness and reaffirm the effectiveness of fundamental rights on the intersubjective level.