Post by account_disabled on Jan 31, 2024 8:59:06 GMT
Minister Luiz Fux decided to take action to the Plenary of the Federal Supreme Court against a provision in the Youth Statute (Law 12,852/2013) that guarantees low-income young people free access to interstate buses. According to article 32 of the standard, public transport companies must reserve two free spaces per vehicle and two more spaces with a minimum discount of 50% on the ticket price. For the Brazilian Association of Land Passenger Transport Companies (Abrati), author of the request, the benefit was created without any reimbursement mechanism for private companies that provide interstate public transport, making the costs Abrati, which brings together around one hundred companies in the sector, claims that the imposition violates the constitutional guarantee of economic-financial balance of contracts (article 37, item XXI, of the Federal Constitution) combined with articles 5, item XXII, and 170, which portray the property right inherent to private initiative.
It also points to a violation of the social Buy Phone Number List right to transportation, enshrined in article 6 of the Federal Constitution, by demanding compliance with the free benefit, without the institution of direct financing by the Public Power. “The full validity and effectiveness of laws that affect delegated public services, immediately applicable to the state entity holding and responsible for the service, cannot be questioned.
However, in relation to concessionaires, permission holders and authorizers, due to the contractual nature of the bond resulting from a perfect legal act, which must be respected by any law, the scope of the rule is conditioned on the establishment of a corresponding reimbursement regime. ”, says the entity. Case rapporteur, Fux adopted the abbreviated procedure provided for in article 12 of Law 9,868/1999 (ADIs Law). The measure allows the STF to analyze the issue definitively, without prior analysis of the injunction request, when the matter is relevant and important for the social order and legal security.
It also points to a violation of the social Buy Phone Number List right to transportation, enshrined in article 6 of the Federal Constitution, by demanding compliance with the free benefit, without the institution of direct financing by the Public Power. “The full validity and effectiveness of laws that affect delegated public services, immediately applicable to the state entity holding and responsible for the service, cannot be questioned.
However, in relation to concessionaires, permission holders and authorizers, due to the contractual nature of the bond resulting from a perfect legal act, which must be respected by any law, the scope of the rule is conditioned on the establishment of a corresponding reimbursement regime. ”, says the entity. Case rapporteur, Fux adopted the abbreviated procedure provided for in article 12 of Law 9,868/1999 (ADIs Law). The measure allows the STF to analyze the issue definitively, without prior analysis of the injunction request, when the matter is relevant and important for the social order and legal security.