The City of São Paulo appealed the decision that he considered unconstitutional the prohibition of motorcycle taxi services in the municipality. The measure would allow the service to start from December 11th and the appeal asks for another 120 days, extending the ban until April.
The measure is a request from the Municipal Attorney General’s Office (PGM) to the São Paulo Court of Justice and seeks more time to discuss the issue.
The city hall asks for more time to be able to hold public hearings, complement studies on the topic and improve the emergency care networkwith the delivery of three new UPAs. The municipal administration argues that there has been a growing increase in the motorcycle fleet (56% in 5 years), with an equivalent increase in accidents since 2020, although it does not consider the impact of the pandemic on this index.
The main companies that intend to explore the service – Uber and 99 – justify the viability of the service by claiming that they will provide guidance and rigorous selection of workers.
The PGM states that urgency does not mean that the municipality considers the issue about the service as a defined dispute, citing the judgment on the issue at the Federal Supreme Court as the ideal horizon to decide whether to release or prohibit cities’ right to legislate on the topic.
“As demonstrated, without the attribution of the desired suspensive effect, the extension of the deadline for modulating the effects of the decision is the only measure capable of minimally preserving the public interest, guaranteeing road safety and the protection of life, pending the definitive statement from the Federal Supreme Court on the constitutional issues raised in the Extraordinary Appeal, which, if granted, will confirm the legitimacy of the municipal act and its protective function to life”, defines the document.
PGM claims that starting activities too early could pose an immediate risk of collapse of the healthcare system, putting lives at risk.
