The Constitutional Chamber has not issued any resolution declaring Uber’s illegality, as indicated by a document signed by the Governing Council that leaked through a social networks.
The government agreement urges the US company to abandon its operations in the country. In the fourth point of the document, it states that
the government of the Republic has also indicated that technological platforms not regulated for the transport of people is an illegal service, as resolved by the Constitutional Chamber, the Office of the Attorney General of the Republic, the Ministry of Public Works and Transportation (MOPT) and the Council of Public Transport (CTP).”
On February 22nd, 2017, the Constitutional Chamber rejected a series of unconstitutionality actions filed against the Public Service Law for the Transportation of Persons Paid in Taxi Modes. That vote never judged the constitutionality of Uber. The magistrates pointed out that the taxi service, “is not a monopoly but a public service, declared in this way by legislators in use of their power of legislative configuration, so a law approved by a qualified majority is not requiered.”
In addition, they believe that
the existence of a public service managed, directly or indirectly – through concessionaires – does not harm freedom of trade.”
As to whether that challenged law violates the Free Trade Agreement (FTA), by majority, the Chamber believes this agreement is not part of the constitutionality parameter. That is to say, nothing was ever raised regarding Uber’s legality.
Uber operates in 132 different jurisdictions in the world. In Costa Rica it operates “in the underground” since August 21st, 2015.
To reach an agreement, the Legislative Assembly must approve a bill that empowers the operation of collaborative mobility applications.
The government’s decision caused annoyance in opposition sectors and among the drivers that provide services with the application.