Decision comes after voting in a virtual plenary session that began on October 31, following a Direct Action of Unconstitutionality (ADI) filed by the National Confederation of Services (CNS)
The majority formed this Monday (10) to declare unconstitutional the São Paulo law nº 18.156/2025, which granted the municipalities of São Paulo the autonomy to authorize or prohibit the paid individual transport of passengers by motorcycles, either by and through applications. The decision comes after voting in a virtual plenary session that began on October 31, following a Direct Action of Unconstitutionality (ADI) filed by the National Confederation of Services (CNS).
The law in question was sanctioned in June this year and determined that the use of motorcycles for paid private passenger transport was subject to authorization and regulation by municipalities. However, the STF considered that the rule violated federal powers and principles of free enterprise.
The São Paulo law established that municipalities could regulate motorcycle transport based on “local peculiarities”. The text stated that the use of this type of service in the state would depend on municipal authorization, creating a specific regulatory framework for each city. This regulation favored the City of São Paulo, which since 2023 has prohibited motorcycle transport services in the capital of São Paulo through a municipal decree. The ban generated a legal dispute with digital platforms such as Uber and 99, which question the decision and seek the release of the service.
In the Direct Unconstitutionality Action, the National Confederation of Services argued that the state law invaded the exclusive competence of the Union to legislate on traffic and transport, in addition to harming free enterprise. The confederation highlighted that private passenger transport via app must be treated as an economic activity, and not as a public service, in accordance with federal legislation.
In September, the action’s rapporteur, minister Alexandre de Moraes, had already suspended the São Paulo law until the STF’s final judgment, highlighting that the measure contradicted federal legislation. He recalled that the Supreme Court had already ruled against state laws that restrict or prohibit transportation by app drivers, as they violate the principles of free enterprise and competition. During the trial, Moraes also highlighted that state law created requirements and requirements not foreseen in federal legislation, which made its application complex and incompatible with the model of division of competences between the Union, states and municipalities.
With the unanimous vote of the ten STF ministers, the São Paulo law was declared unconstitutional. Although the STF vetoed municipal regulation, minister Cristiano Zanin highlighted that municipalities can still regulate and monitor app-based transport services, as long as they observe local characteristics and do not contradict federal legislation. Ministers Cristiano Zanin and Flávio Dino had reservations in their votes. Zanin highlighted that, although the law has been overturned, municipalities still have the power to regulate the service, establishing conditions and monitoring the activity according to the needs of each city.
Minister Flávio Dino was more emphatic when dealing with the working relationship between transport platforms and drivers. Dino criticized the lack of labor rights for app drivers, arguing that, despite the private nature of the service, companies should not be exempt from guaranteeing basic rights to workers, such as vacations, weekly rest and accident insurance. “Aiming for profit is legitimate, but it is not acceptable for high-tech companies to treat their workers as if they were slaves from the 18th century,” said Dino.
The STF’s decision marks a victory for transport platforms, which are already facing legal difficulties in operating in some cities in the state of São Paulo. The expectation is that, with the veto of the law, the motorcycle transport service will become more accessible throughout the state, as long as federal legislation is respected. Until the closing of this article, the Government of São Paulo and the City of São Paulo had not officially commented on the STF’s decision. The space remains open for placements.
*With information from Estadão Conteúdo
