Red Light for Pinker

Pinker is a digital transportation service that distinguishes itself by the fact that only women can register as users or drivers.
Articles 17/01/2025

The creation of Pinker raises interesting legal questions in the context of Portuguese and European legislation, particularly with regard to equality and non-discrimination, given that current legislation allows specific services to be targeted at groups with particular needs, provided there is an objective and proportionate justification.

The Mobility and Transport Authority (AMT), in agreement with the Mobility and Transport Institute (IMT), suspended Pinker’s license, arguing that the model proposed by the platform violated article 7 of Law no. 45/2018, of August 10, which provides that all users, potential and effective, must have equal access to TVDE services, without discrimination based on criteria such as gender.

The regulator assessed that the exclusive model for women (both drivers and passengers) violated the universal nature of public services established by law. Furthermore, it was pointed out that transport safety must be guaranteed comprehensively, without creating segregated services, under penalty of generating a lack of responsibility on the part of companies in ensuring a safe environment for all users.

The decision by AMT and IMT illustrates the challenge of balancing initiatives that aim to meet the specific needs of vulnerable groups and compliance with legal standards oriented towards equal access. Although Pinker’s intention to create a safe space for women is valid from a social perspective, the regulators understood that the implementation of an exclusive service violates current legislation.

On the other hand, AMT recognized that there could be room for adjustments to the business model in the future, such as allowing platforms to offer the option of choosing female drivers, but without limiting the service exclusively to a demographic group.

The rejection of Pinker’s license reinforces the importance of respecting universality and non-discrimination in regulated sectors such as TVDE. This case also raises questions about how regulations should evolve to address the legitimate safety concerns of specific groups, without compromising fundamental legal principles.

On the other hand, the decision, supported by the regulators, is based on the violation of fundamental principles enshrined in the Constitution of the Portuguese Republic (CRP), such as the principle of equality and universality of services. This case illustrates the challenge of balancing competing rights and interests, including security, economic freedom and equal access to public services.

The regulators’ decision highlights a tension between competing constitutional values. On the one hand, equality and universality in access to services must be preserved. On the other hand, security and the right to protection of vulnerable groups are also priorities. The regulators’ response suggests that women’s safety can be promoted without compromising the principles of universality and equality, for example by allowing women drivers to choose, but keeping the service accessible to all.

Considering that this case is still far from having a definitive answer, we can conclude that it underlines the importance of an ongoing dialogue between legislators, regulators and companies to find innovative solutions that respect fundamental rights and promote a more inclusive and safe society. Pinker’s suspension opens the door to rethinking how to regulate mobility services in a way that balances safety, equality and economic freedom.


The content of this information does not constitute any specific legal advice; the latter can only be given when faced with a specific case. Please contact us for any further clarification or information deemed necessary in what concerns the application of the law.

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Practice Areas

  • Commercial law

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