The Federal Supreme Court (STF) decided, by majority, that it is up to the Court to determine whether the municipality of Rio de Janeiro can unilaterally terminate the Yellow Line concession without compensating the responsible concessionaire. The decision was taken this Thursday (7), during the trial of Complaint (Rcl) 43697.
The issue began when the Court of Justice of the State of Rio de Janeiro (TJ-RJ) suspended the effects of a municipal law that authorized the incorporation of the expressway, arguing that the measure would violate the concessionaire’s fundamental right to fair compensation. Subsequently, the Superior Court of Justice (STJ) revoked the TJ-RJ decision, which would allow the municipality to assume direct administration of the Linha Amarela, under the justification of avoiding harm to public and administrative order.
The Brazilian Association of Highway Concessionaires (ABCR) appealed to the STF and claimed that the STJ’s decision went beyond its powers, since the issue involved constitutional matters and, therefore, should be judged by the Supreme Court.
Minister Luiz Fux highlighted that the dispute goes beyond a mere contractual issue between the municipality and the concessionaire. According to him, this is a direct action of state unconstitutionality against the complementary municipal law that authorized the expropriation, based on the fundamental right to fair compensation. Thus, Fux concluded that the competence to analyze the suspension of the TJ-RJ injunction lies with the STF, and not the STJ. This was the understanding that prevailed in the Court.
With this decision, the injunction granted by Fux in 2021, when he presided over the Court, remains in force, which suspended the effects of the STJ’s decision and interrupted the takeover process of Linha Amarela.
At the time, the objective was to enable an attempt at conciliation between the municipality and the concessionaire, which was unsuccessful. Now, it will be up to the current president of the STF, minister Luís Roberto Barroso, to decide whether or not to maintain this injunction.
