Minister Alexandre de Moraes of the Federal Supreme Court (STF) suspended on Monday, 22, the São Paulo law that allowed the municipalities to prohibit the offer of the motorcycle taxation. Sought, the government said it has not yet been notified. Already the city of SP did not comment.
“I defend the mediated precautionary to suspend the effectiveness of Law 18.156/2025 of the State of São Paulo until the judgment of the present action. The Governor and the Legislative Assembly of the State of São Paulo is communicated for immediate science and compliance with this decision.”
The decision is injunction, that is, provisional, and complies with a request from the National Confederation of Services (CNS), which filed an ADIN – direct action of unconstitutionality – of the legislation.
Free tool
XP Simulator
Learn in 1 minute how much your money can yield
The law was sanctioned by Governor Tarcísio de Freitas (Republicans) in June this year, after being approved in the Legislative Assembly.
For more than two years, the city of São Paulo wages a dispute against the advancement of application such as Uber and 99, which try to offer the passenger transport service by motorcycle in the city. During this period, the court has already authorized and prohibited the sport in different decisions.
However, at the beginning of the month, the São Paulo Court of Justice considered the decree of Mayor Ricardo Nunes (MDB), which vetoes motorcycle taxation and passenger transport by applications in the state capital. At the time, the judiciary also added that the municipal executive must regulate the service within 90 days.
Continues after advertising
Judgment in Justice
The City Hall vetoes the activity on the grounds that the modal can increase the number of accidents and victims in an overloaded traffic. According to Nunes, according to Nunes, the decision has legal support in a state law that allows municipalities to establish their own traffic rules.
Platforms argue that municipal administrations do not have the power to prohibit activity, just to regulate it. They also claim that the service can generate income, serve regions where public transport is not enough – such as peripheral neighborhoods – and offer more security to women.
The legality of operations has been discussed in the judiciary since January 2023. At the time, after Uber and 99 began to offer motorcycle transportation service on its platforms, the city’s city hall published a decree to veto the sport.
Continues after advertising
The companies returned to operate earlier this year under the justification that the activity is supported by federal law and that there are already judicial decisions pointing that municipalities have no power to prohibit service, just to regulate it.
