Mayor of São Paulo stated that he will appeal the decision and maintains that the municipal management has legal support to prohibit the service, citing State Law No. 18.156/2025
It considered the mayor’s decree (MDB) unconstitutional that prohibited motorcycle taxation and passenger transport by applications in the capital. The decision, published on Wednesday (3), determines that the city regulates the service within 90 days. The judgment meets an unconstitutionality action presented by the National Confederation of Services (CNS).
Nunes said he will resort. He maintains that municipal management has legal support to prohibit the service, citing State Law No. 18.156/2025, sanctioned in June by Governor Tarcísio de Freitas (Republicans), which gives municipalities the power to authorize and regulate passenger transportation by motorcycles.
“The Court has disregarded the state law, which conditions the use of motorcycles for paid passenger transport to municipal authorization,” said the mayor in an interview with SP2, TV Globo. The dispute between City Hall and applications such as Uber and 99 has been dragging on since 2023. The municipality argues that the service increases the risk of accidents in an overloaded traffic. Platforms, on the other hand, argue that municipalities can regulate, but not prohibit activity – and that mototaxi generates income, expands access to transportation in peripheral areas and offers more mobility options.
Throughout the process, the court alternated decisions now authorized, sometimes vetoed the service. In January this year, for example, the Nunes Decree had been validated. In May, a first instance decision re -considering the unconstitutional measure, authorizing Uber and 99 to operate. Days later, however, an injunction again suspended the activity and set a daily fine of $ 30,000 for companies that breached the order.
The Brazilian Association of Mobility and Technology (AMOBITEC), which represents companies in the sector, celebrated the decision. For the entity, the understanding of TJSP guarantees the rights of user and companies. “The court stresses that it is up to regulatory and oversee municipalities, but not prohibit. Companies may resume the service after the 90 days provided for in the judgment,” he said in a statement.
*With information from Estadão Content
