Post by xyz3400 on Feb 20, 2024 0:37:02 GMT -6
Understanding that Rio decrees which regulate transport applications, such as Uber — exceeded the municipality's competence to legislate on the matter, the Special Body of the Court of Justice of Rio de Janeiro granted, this Monday- fair (17/2), injunction to suspend the effectiveness of the rules. Disclosure For judges, city hall interfered in the activity of applications such as Uber, Cabify and 99 Reproduction Federal Law 13,640/2018 regulated individual private paid passenger transportation. Decree 44,399/2018 was the first municipal rule to regulate the topic. It established that companies such as Uber, Cabify and 99 must pay a percentage of rides to the city hall. These values are intended for transport and urban mobility projects.
Furthermore, the decree established requirements to be certified as a driver for these applications, such as not having a criminal record and passing a training course for transporting passengers. Decree 46,417/2019 created the regulations and Disciplinary Code for the Individual and Paid Transport Service of Passengers in Uncharacterized Vehicles through digital platforms managed by sharing Honduras Mobile Number List network providers. State deputy Alexandre Freitas (Novo) filed a complaint of unconstitutionality against the decrees. According to him, the rules interfere with free enterprise by establishing rules for setting race prices. According to the deputy, it is not up to the city hall to do this, as Uber and similar companies provide individual and private transport services, not public.
In defense of the rules, the Attorney General of the Municipality of Rio maintained that they only regulated private passenger transport, which is a matter of interest to the city. The case's rapporteur, judge Odete Knaack de Souza, stated that the decrees are autonomous and go beyond the regulatory function. According to the judge, the rules invade the Union's competence to legislate on transport. Furthermore, the rapporteur highlighted that interference in the operation of companies such as Uber, Cabify and 99 violates the principles of free enterprise and economic freedom.After analyzing the contract, judge Kétlin Carla Pasa Casagrande observed that the legislation prohibits the assignment of tax rights to credits recognized for the accumulation of the acquisition of inputs for the provision of cargo transport services — the case at hand.
Furthermore, the decree established requirements to be certified as a driver for these applications, such as not having a criminal record and passing a training course for transporting passengers. Decree 46,417/2019 created the regulations and Disciplinary Code for the Individual and Paid Transport Service of Passengers in Uncharacterized Vehicles through digital platforms managed by sharing Honduras Mobile Number List network providers. State deputy Alexandre Freitas (Novo) filed a complaint of unconstitutionality against the decrees. According to him, the rules interfere with free enterprise by establishing rules for setting race prices. According to the deputy, it is not up to the city hall to do this, as Uber and similar companies provide individual and private transport services, not public.
In defense of the rules, the Attorney General of the Municipality of Rio maintained that they only regulated private passenger transport, which is a matter of interest to the city. The case's rapporteur, judge Odete Knaack de Souza, stated that the decrees are autonomous and go beyond the regulatory function. According to the judge, the rules invade the Union's competence to legislate on transport. Furthermore, the rapporteur highlighted that interference in the operation of companies such as Uber, Cabify and 99 violates the principles of free enterprise and economic freedom.After analyzing the contract, judge Kétlin Carla Pasa Casagrande observed that the legislation prohibits the assignment of tax rights to credits recognized for the accumulation of the acquisition of inputs for the provision of cargo transport services — the case at hand.