SP City Hall takes dispute with motorcycle taxis to the Labor Court

The dispute between the city of São Paulo and the mobility company 99 will be taken to the labor court, informed Mayor Ricardo Nunes in a press conference this Tuesday afternoon (21), after meeting with judge Valdir Florindo, president of the Regional Court of São Paulo. Work from São Paulo. Both stated their understanding that the way the company is trying to start services in the city, without establishing adequate dialogue about the rules and guaranteeing working conditions and guarantees for the families of passengers and workers, is inadequate. Nunes also stated that he will meet this week with the Public Ministry of Labor, and that they are studying the best way to deal with the company’s operation and its consequences.

“This is not a lawless land, we need to have respect and dialogue. There will be accidents, people will get hurt, they will die. They [a empresa] they won’t go there. They will not support families, they will not support workers. They don’t provide any assistance. A foreign company cannot come here just with the intention of making profits and sending them to their country of origin and we allow that to happen. It will not be accepted that in the democratic state of law a company comes here and does this. We filed a lawsuit on Friday, we asked for a collective fine and the holding of his partner responsible”, said Ricardo Nunes.

“The Secretariat for International Relations contacted the Chinese consulate to discuss this situation and we are counting on the press to take this issue to society. We are talking about deaths and now the company comes, disrespecting the court decision and the rules. This is no small feat thing, it’s very serious”, declared the mayor this afternoon, hours before the São Paulo court rejected the municipality’s request to establish daily fines for the Chinese company.

In the decision by judge Josué Vilela Pimentel, the judge stated that this was not a new issue and stated that the city hall decree, which prohibits the activity in the municipality, already has an impact against the company. Furthermore, “it is valid for two years, despite the mention of the temporary nature of the ban. Even with the conclusion of the work of the study group created at the time, no other legal solution was adopted to regulate the non-professional transport of passengers by motorcycle , in the municipality”.

The decision was also based on other federal decisions on the subject, recording the legal position as follows:
“It remains pacified by the judgment of Topic 967 of the STF that the prohibition or restriction of individual private transport by a driver registered in an application is unconstitutional, as it constitutes a violation of the principles of free enterprise and free competition. Laws of other Municipalities and States that, in such a way similar, intended to prevent the use of motorcycles for individual private transport have already been judged unconstitutional by rulings of the respective Courts of Justice”.

In short, the question remains open. At the press conference Nunes also said that the company’s executives took the initiative without consulting them, without seeking to talk. “I’m at your disposal, if you want I’m open to meeting and talking. I have a direct channel with the directors of these companies, but they didn’t come looking for me, they came in a thoughtful way with the sole objective, of profit, without considering people, their health and your life.”