Driver refuses blind athlete’s guide dog and Uber ends up fined R$ 384 thousand in Florianópolis

Uber was fined R$ 384 thousand by the Municipal Procon of Florianópolis (SC) after one of its partner drivers refused to transport the Paralympic athlete Samuel Luz Stumpf, Samuca, blind, who was accompanied by his guide dog. The administrative decision, reported by g1, holds the platform responsible for the conduct considered discriminatory — recorded on video by the victim himself — and frames it as a violation of the Consumer Protection Code and accessibility legislation.

What happened?

The episode occurred in June. In the images recorded by the athlete, the driver justifies the denial by claiming that the animal would “shed hair” and that this would hinder the service to other passengers throughout his workday. Even after Samuca explained the importance of the Capone guide dog for his mobility and cited his legal rights, the driver maintained his refusal. The recording went viral on social networks and reignited the debate about accessibility and inclusion in transport by app.

The right of people with disabilities to come and go is guaranteed by Federal Law No. 11,126/2005. The rule is clear: the guide dog has free access to any means of transport, public or private, in addition to establishments open to the public. Denying this right or creating obstacles constitutes not only a failure to provide the service, but a serious infraction, subject to penalties.

When setting the amount, Procon took into account the seriousness of the conduct, the economic size of the platform and aggravating factors provided for in municipal regulations. The agency pointed out violations of articles 6 and 39 of the Consumer Protection Code and concluded that the existence of internal accessibility policies does not remove the company’s responsibility when a discriminatory act occurs, in practice. For Procon, Uber is responsible for providing the service offered through the application, since it organizes the activity, accredits the drivers and profits from the trips.

When announcing the penalty, the director of the Municipal Procon of Florianópolis, Tiago Silva, classified the refusal as inadmissible and stated that no consumer can be deprived of a service due to his disability. According to him, the conduct hurts the dignity of people with disabilities, and the inspection against discriminatory practices in transport by app will be maintained.

In a note to g1, Uber informed that it has provided the necessary clarifications to the municipal body and that it intends to appeal the decision. The company argued that, until the disclosure of the case, it had not received official notification about the amount of the fine. The platform’s own policy determines that partner drivers accept the transport of guide dogs.