For the third time in the last six days, a large company in the food and meal voucher sector obtained an injunction against the decree that regulates the Workers’ Food Program (PAT). The Federal Court of São Paulo granted this Tuesday (27) an injunction to Pluxee that suspends any inspection or application of punishments by the federal government to the company.
The company joins Ticket and VR, other large companies in the sector, which had obtained similar injunctions. The new rules for the Workers’ Food Program (PAT) were established by decree signed by president Luiz Inácio Lula da Silva in November last year.
The decision in favor of Pluxee was made by judge Guilherme Markossian de Castro Nunes, of the 10th Federal Civil Court. According to the judge, the use of state price control mechanisms and direct interference in the cost structure and contracts signed between private companies can violate the principles of legality and economic freedom.
The judge also pointed out that the immediate application of the new rules to contracts already in force creates legal uncertainty and unduly restricts the autonomy of the parties. All decisions are provisional in nature and can still be challenged by the Union.
Fee cap
The federal government’s decree set a ceiling of 3.6% for fees charged by meal voucher and food voucher companies for supermarkets and restaurants, in addition to reducing the maximum period for transferring amounts to establishments from 30 to 15 days. Until then, neither rates nor terms were regulated in PAT.
The rule also limits the interchange fee to 2%, prohibits additional charges, establishes a period of 90 days for companies to adapt and determines total interoperability between brands. Within one year, any benefit card must be accepted at all payment machines.
Enterprise version
In a statement, Pluxee stated that it viewed the decision positively, as it ensured the continuity of operations and avoided immediate impacts on the food and meal benefits ecosystem. According to the company, the injunction “reaffirms fundamental principles such as legality, free initiative, legal certainty and the protection of current contracts”.
The Ministry of Labor and Employment reported that it has not yet been officially notified of the decision, but stated that it will appeal as soon as there is formal communication.
Clash
The court decisions come amid the dispute between the government and the main operators in the sector over the regulation of PAT. The law that supported the decree, approved by Congress in 2022, aimed to increase competition and reduce costs in the benefits market. According to the companies, however, the decree would have exceeded legal limits by imposing rules not foreseen in the text approved by the Legislature.
While newer companies in the sector, such as iFood, Caju, Flash and Swile, supported the changestraditional operators, which account for around 80% of the market, positioned themselves against central points of the standard. The discussion continues on to the next stages of the judicial process.
