The prohibition of the motorcyclexis service in the city of São Paulo was declared unconstitutional on Wednesday (3) by the Special Body of the Court of São Paulo (TJ-SP). The restriction had been established by the Decree 62.144/23from the mayor of São Paulo, Ricardo Nunes.
With the decision, made unanimously by the judges who judged the case, The City of São Paulo will have 90 days to regulate the paid passenger transport activity by motorcycle [mototáxi]. The municipal administration, however, can appeal this decision.
For the rapporteur of the case, Judge Ricardo Dip, it is up to the City of São Paulo to regulate the motorcycle taxi, but it could not prohibit or suspend the provision of this service. According to the rapporteur, the permission of this type of transport is an assignment of the federal government.
“It is, in the end, to emphasize the municipal competence for the ordination of traffic and urban traffic, but the regulation of the individual rental service does not comprise the competence for the suspension of the activity,” wrote the judge.
In his report, the judge also stated that the prohibition of motorcycle taxi in the city of São Paulo hurts the principles of free initiative and free competition.
By means of a note, the Municipal Attorney General said that “São Paulo City Hall did not have access to the judgment”, but that, as soon as it is published, it will analyze “any measures that will be adopted”.
For months, the São Paulo City Hall and application platforms have a legal dispute over the permission of the service in the city. While the platforms resort to a federal law that, in their assessment, authorizes the provision of the service in the country, City Hall Africa that there is risks to users.
For the Brazilian Association of Mobility and Technology (AMOBITEC), which represents companies such as Uber and 99, the decision of the Special Body of the São Paulo State Court “configures an advance to guarantee the rights of the population of the city and companies in the sector, as well as an important step for the activity to be regulated in the municipality”.
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In a statement, the Association wrote that the understanding of the TJ is what was always defended by AMOBITEC, that “it is up to regulatory municipalities and oversee the activity, but not to ban.” According to the Association, after the 90 -day period given by the TJ to the City Hall, “Companies associated with AMOBITEC may resume the service.”
