Senacon (National Consumer Secretariat), linked to the Ministry of Justice, notified Uber to provide clarification on reports of partner drivers who had canceled races or refused to transport passengers due to political views. The company must inform what measures it adopts to avoid this type of discrimination and how it investigates complaints.
The notification was made after the secretariat became aware of publications on Instagram with reports of passengers who had been discriminated against. One of them plays a video that was allegedly recorded by a driver who refused to transport passengers identified as voters of a certain party.
In a statement, Uber stated that it defends respect for diversity and a commitment to equality and inclusion. The company said that partner drivers are independent and have the right to their own political position, but that denying service due to political inclination violates the application's terms of use and may lead to account deactivation.
The secretariat requested information on the rules applicable to partner drivers, the channels available for reporting discrimination and the procedures for investigating and punishing drivers. The company must also inform how many complaints of this type it received in October and what mechanisms it uses to identify patterns of cancellations or refusals of races.
Senacon also asked the platform to present measures to ensure equal service to consumers, especially during election periods.
In addition to Uber, five other commercial establishments were notified. The cases involve publications or signs with messages opposing people identified with the left or the PT.
At Frigorifico Goiás, in Goiânia, a poster in the window said that PT members were not welcome. The establishment also had a publication attributed to its legal representative with the phrase "we don't serve PT members".
At Mangiare Pizzaria e Restaurante, in João Pessoa, Mangiare published a message asking people identified with the left not to buy or frequent the restaurant.
Garagem do Espeto, in São José dos Campos (86 km from São Paulo), reportedly published an image of a sign prohibiting the entry of PT members, including customers. Senacon states that the authorship and authenticity of this content still need to be confirmed.
In Bonito (278 km from Campo Grande), Toldos Bom Tempo allegedly displayed a sign on its facade with the words "PT members prohibited. Including customers". According to the notification, although the owner declared that there was no effective impediment to access, the message was expressly addressed to consumers.
Mondiale Casa, in Porto Alegre, published a video on Instagram asking leftists and "thieves voters" not to go to the establishment. The publication remains online.
The report sought out the five commercial establishments mentioned, but did not receive a response until the publication of this text.
Companies will have five working days to confirm or deny the authorship of publications and messages, present justifications and inform any measures to remove the content and guarantee service without discrimination.
According to Senacon, the conduct may constitute abusive practices provided for in the CDC (Consumer Protection Code), which prohibits unjustified refusal of service and discriminatory advertising. The analysis also considers the right to equality in hiring.
Failure to comply with notifications may result in administrative sanctions and even the crime of disobedience, provided for in article 330 of the Penal Code. The secretariat emphasizes that the notifications are an investigation stage and do not represent a conclusion about the occurrence of irregularities.
