Special Body of the Court of Justice overturns Decree of the City Hall, which will have 90 days to regulate the activity
The Special Body of the Court of Justice of the State of São Paulo) ruled on Wednesday (3.Set.2025), unanimously, that the City of São Paulo cannot prohibit transport by motorcycles by application. The administration of (MDB) will have 90 days to regulate the service in the city.
The Court considered unconstitutional the municipal decree that prohibited the transport of passengers in motorcycles through applications. The service is authorized in Brazil by law.
In a statement, the (Brazilian Association of Mobility and Technology) said that the decision of TJ-SP “configures an advance to guarantee the rights of the population of the city and companies in the sector”The entity brings together mobility companies such as Uber, 99, iFood, Buser, Flixbus, Lalamove, Amazon, Zé Delivery.
Uber and 99 are among companies that offer the motorcycle transportation service through an application in several Brazilian cities. AMOBITEC said this service is different from motorcycle taxi, prohibited in various places in the country. The association and companies’ argument is that registered motorcyclists need to meet strict security requirements.
Read the full note of AMOBITEC:
“The Brazilian Association of Mobility and Technology (AMOBITEC) evaluates that the decision of 3/9 of the Special Body of the Court of the State of São Paulo, unanimously recognizing the unconstitutionality of the municipal decree that suspended private individual transportation by applications intermediated, constitutes an advance to guarantee the rights of the population and companies of the sector, and an important step for the activity to be regulated in the municipality.
“The TJ’s understanding reiterates what has always been defended by AMOBITEC: that it is up to regulatory municipalities and oversee the activity, but not to prohibit. The judges also determined that the decision will be implemented 90 days after the publication of the judgment. After this period, companies associated with Amobitec may resume the service.
“Legality
“The service offered by AMOBITEC associates is a legal, legal activity, governed by the National Urban Mobility Policy and sustained by Federal Law No. 13,640. Thus, applications have legal authorization to act throughout the national territory, an understanding already consolidated by dozens of court decisions in the country, including the Supreme Federal Court. The same legislation states that the service does not fit the individual public transport category, such as the motorcycle taxi.
“Security
“AMOBITEC -associated companies stress that they adopt additional security layers to those provided by law to seek more and more protection to users of the service and motorcyclists, through technological tools that work before, during and after each trip to reduce risks and preserve the physical integrity of all.
“The sector now has about 800,000 motorcyclists registered in Brazil in its three largest companies (99, IFood and Uber), which represents only 2.3% of the national fleet of 34.2 million motorcycles, scooters and mopeds, according to data from the National Traffic Secretariat (Senatran/2024). All drivers who use the platforms necessarily have the valid national license and the regular documentation of their vehicles – in contrast to the national scenario, in which 53.8% of motorcyclists are not qualified, totaling 17.5 million irregular drivers, according to Senatran.
“Independent research proves that there is no relationship between Motapps and the number of accidents in Sao Paulo or other locations, and that motorcycle races on the platforms are much safer than motorcycle trips in general.”
