Decision of the 7th Chamber of Public Law of the São Paulo Court of Justice (TJSP) considered the decree of the City Hall that prevents the use of mototaxi in the city, offered by platforms 99 and Uber. The service has generated indisposition between municipality and platforms, as well as a series of Metropolitan Civil Guard inspections and the Municipal Traffic Engineering Company, which resulted in the seizure of more than 100 motorcycles. 
Taken by Judge Eduardo Cortez de Freitas Gouvêa, the decision denies a fine to the platforms and dismisses the figure of the “crime of disobedience”, which municipal management tried to use as distressing elements, but determines that companies stop paying paid transportation with motorcycles.
Among the justifications are the lack of security equipment, the lack of demand for criminal certificate for drivers, the permission to provide the service by the platforms under 21 years and the requirement of category A only qualification, while national legislation It requires category B qualification for this type of professional performance.
The city classifies irregular and irresponsible the performance of the platforms in this activity.
99 ABOUT DECISION
Company 99 informed, at 19:40, that it received and will abide by the decision of the court, suspending the transportation activities with motorcycles in the state capital.
In a statement, the company says it temporarily suspended the operation of 99Moto in the city of São Paulo, as determined by the Court, and regrets that thousands of passengers and bikers from São Paulo lose the “opportunities and benefits that are already right of more than 40 Millions of people throughout Brazil “.
The application informs that it will appeal the decision, supported by the understanding of the Supreme Court and more than 20 court decisions throughout Brazil that confirm that municipalities cannot prohibit the activity. “99 will continue to fight for the rights of the company’s company, passengers and bikers of the city,” the note says.
Uber
Uber said it suspended the modal in its application in the city of São Paulo and will appeal. “Uber Moto is a private service present from north to south of the country that is regulated by Federal Law 13.640/2018 and the National Policy of Urban Mobility (Federal Law 12.587/2012). Decisions of the São Paulo Court of Justice and others States confirm that municipalities cannot prevent the operation of private transport services by applications, reinforcing the understanding of the Federal Supreme Court (STF) that the prohibition of this type of activity is unconstitutional, “says the company.
*Text expanded at 7:57 pm to include company positioning 99 // Extended text at 8:43 pm to include Uber’s positioning
