Post by account_disabled on Mar 12, 2024 8:45:50 GMT
Only the Union can legislate on traffic and transport. With this understanding, the Special Body of the Court of Justice of Rio de Janeiro granted, this Monday (14/12), an injunction to suspend article 2 of State Law 8,867/2020.
reproduction
TJ-RJ suspended article that said that intercity taxis do not make private passenger transport unfeasible
The provision establishes that "the exercise of the taxi service on intercity routes, within the scope of Rio de Janeiro, does not make it impossible to carry out the activity of the private individual passenger transport service".
The Federation of Passenger Portugal Mobile Number List Transport Companies of the State of Rio de Janeiro (Fetranspor) took direct action for unconstitutionality against the article. According to the entity, the device authorizes the illegal capture of passengers, who should be served by regular services, whether provided individually, such as authorized taxis, chartered vehicles or through apps; be it collective buses, operated by companies affiliated with unions that make up Fetranspor.
According to the federation, the rule has a defect of initiative, as only the Union can legislate on transport. And it encourages predatory competition, affecting legal security.
The rapporteur of the case, judge Antonio Eduardo Ferreira Duarte, stated that there is smoke from good law, as article 2 of State Law 8,867/2020, in principle, violates articles 9 (which establishes the principle of legal certainty) and 72 (which provides that it is up to the Union to legislate on traffic and transport) of the Rio de Janeiro Constitution.
Furthermore, the judge pointed out that there was a risk of harm to Fetranspor companies, since, in force, the provision allows for different interpretations and could lead to the publication of regulations contrary to the objective of the rule.
reproduction
TJ-RJ suspended article that said that intercity taxis do not make private passenger transport unfeasible
The provision establishes that "the exercise of the taxi service on intercity routes, within the scope of Rio de Janeiro, does not make it impossible to carry out the activity of the private individual passenger transport service".
The Federation of Passenger Portugal Mobile Number List Transport Companies of the State of Rio de Janeiro (Fetranspor) took direct action for unconstitutionality against the article. According to the entity, the device authorizes the illegal capture of passengers, who should be served by regular services, whether provided individually, such as authorized taxis, chartered vehicles or through apps; be it collective buses, operated by companies affiliated with unions that make up Fetranspor.
According to the federation, the rule has a defect of initiative, as only the Union can legislate on transport. And it encourages predatory competition, affecting legal security.
The rapporteur of the case, judge Antonio Eduardo Ferreira Duarte, stated that there is smoke from good law, as article 2 of State Law 8,867/2020, in principle, violates articles 9 (which establishes the principle of legal certainty) and 72 (which provides that it is up to the Union to legislate on traffic and transport) of the Rio de Janeiro Constitution.
Furthermore, the judge pointed out that there was a risk of harm to Fetranspor companies, since, in force, the provision allows for different interpretations and could lead to the publication of regulations contrary to the objective of the rule.
