The São Paulo Court decided this Monday (20) that 99 cannot provide the passenger transport service on motorcycles via app in the capital of São Paulo. The company had challenged provisional court decisions during the city council’s case against the operation of 99Moto and the decision was that the municipality has the power to legislate, as the Federal Constitution allows. The decision also authorizes the city hall to continue monitoring the service.
“99 filed an appeal against the initial decision of judge Josué Vilela Pimentel, from the 8th Public Finance Court, which recognized the validity of Decree 62,144 of 2023, by Mayor Ricardo Nunes, and maintained the ban on motorcycle taxi services in the city of São Paulo. Paul. The decision was the first victory for the municipality and a response to an action by platform 99, which went to court to try to start the service in the city, despite the prohibition by municipal legislation”, informed the city hall in a note.
The platform began transporting passengers on motorcycles on Tuesday (14). For now, the service is being provided outside the expanded center. Since then, 143 motorcycles have been seized.
In a note, 99 said it regretted the decision of the São Paulo Court, which rejected the urgent request made by the company. “Thus, the first instance decision continues to be valid, which, as clarified by the judge himself, did not suspend the 99Moto functionality. Therefore, the service will continue to operate.”
According to the note, private transportation by motorcycle remains supported by federal legislation and municipalities do not have the power to prohibit it. “99 will continue to adopt all legal measures to ensure the rights of the company, its users and partner motorcyclists in São Paulo, maintaining the commitment that already benefits more than 40 million Brazilians in more than 3,300 cities”.
