Administration of Ricardo Nunes says that the app transport company fails to comply with the 2023 decree and asks for R$50 million in collective moral damages
The Court of Justice of São Paulo denied, on Tuesday (21 January 2025), a request from the City of São Paulo to impose a daily fine of R$ 1 million against the 99 for failing to comply with a 2023 decree that prevents private motorcycle transport applications from operating in the city.
In addition to the daily fine, the administration of (MDB) requested payment of a fixed amount established at R$50 million for collective moral damages.
Judge Josué Vilela Pimentel, from the 8th Public Finance Court of São Paulo, analyzed that there is a Direct Action of Unconstitutionality regarding municipal decree 62,144 of 2023. Pimentel judged that the application’s functionality is based on the law and, therefore, rejected the request from the municipal administration. Here is the decision (PDF – 39 kB).
Pimentel said that, in the municipal decree, the city states that the suspension of the app-based transportation service with motorcycles is temporary. “It is valid for 2 years, despite the mention of the temporary nature of the ban. Even with the conclusion of the work of the study group created at the time, no other legal solution was adopted to regulate the non-professional transportation of passengers by motorcycle in the municipality.”, writes Pimentel.
The report from the Poder360 sought contact with 99 to see if the company would like to comment on the decision, but there has been no response yet. The text will be updated as soon as there is a manifestation.
In another decision, issued on Monday night (January 20), the São Paulo Court of Justice for the City Hall to continue monitoring the 99 service.
The number of motorcycles seized by the municipal administration for providing services to the ride-hailing company reached 143 since operations began on January 15th. On Monday alone (Jan 20), there were 37 seizures of motorcycles operating through the 99 app: 15 in the south zone, 5 in the west, 11 in the east and 6 in the north of São Paulo.
