In another chapter of the judicial battle that transformed the supply of motorcycle taxi in Sao Paulo, the court again determined on Monday, 26, the ban on service in the city. The court had already determined the suspension of motorcycle taxes on the 16th, after request made by the city hall.
“99 Tecnologia Ltda and Uber do Brasil Tecnologia Ltda must, for now, be abstained from the provision of paid passenger transport services by motorcycles in the city of São Paulo, under penalty of application of daily fine of R $ 30,000.00 (thirty thousand reais), in case of disobedience,” says the order signed by Judge Eduardo Gouvêa, of the 7th Chamber of Public Law.
Since Uber and 99 continued to offer the service, the Civil Police opened a police inquiry to investigate the crime of disobedience. “The case is investigated by the Department of Citizenship Protection Police (DPPC). A police inquiry was established to investigate a possible crime of disobedience by passenger transportation companies by application. The investigation is linked to a precautionary measure related to the suspension of economic activities,” said the Public Security Secretariat (SSP-SP).
In a statement, 99 announced that it will abide by the magistrate’s decision and said it temporarily suspending the 99moto service since 5 pm on Monday. “The 99 emphasizes the urgency of the debate on the unconstitutionality of the prohibition decree that needs to be definitively decided by the Court and continues to adopt all legal measures to ensure the rights of the company, its users and partner motorcyclists in São Paulo, maintaining the commitment that already promoted more than 1 million races to the population of São Paulo,” the platform said.
O Estadão He sought Uber and awaits return from the company.
Understand the shuttle
On the 14th, Judge Josué Vilela Pimentel, from the 8th Public Finance Court of the Capital, had considered the decree of Mayor Ricardo Nunes (MDB) that prevented 99 and Uber from operating passenger transport in motorcycles in the capital.
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The two companies resumed transportation with application motorcycles in the capital. 99 extended the service to the expanded center of São Paulo. However, two days later, the court suspended the service.
The new decision marks another judicial clash between municipal management and platforms. The administration of Ricardo Nunes (MDB) tries to support the ban through the decree of January 2023, which vetoes such an operation. With the new court order, motorcycles that are operating are subject to fine and seizure.
The platforms claim that the activity is supported by federal law and judicial decisions that point to the municipality as responsible only for regulating the service, but not entitled to prohibit it.
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More violent traffic?
According to the city, the ban was based on the rise of motorcyclists’ deaths between 2023 (403 deaths) and the following year (483), “even with the blue range and other safety measures”, also due to the increase of the motorcycle fleet in the city, which grew 35% in 10 years.
The Brazilian Association of Mobility and Technology (AMOBITEC), which represents companies in the sector, claims to be “unfounded” the idea that applications are responsible for the discharge of accidents.
He adds that the 800,000 motorcyclists registered with AMOBITEC -associated companies represent only 2.3% of the national fleet and says 100% of these drivers have a national license and regular documentation of vehicles.
