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Brazilian Federal Supreme Court (STF) fixes thesis of general repercussion about appeal on individual transportation by applications

At the session on the last Thursday (9), the Plenary of the Brazilian Federal Supreme Court (STF) established the thesis of general repercussion in Extraordinary Appeal (RE) 1054110, in which the Court ruled unconstitutional the prohibition or restriction, by municipal law, of individual passenger transportation by drivers registered in applications. The topic was also subject of trial in the Action Against the Violation of a Constitutional Fundamental Right (ADPF) 449. The losing vote, only in relation to the thesis, was issued by the Justice Marco Aurélio.

The thesis proposed by the rapporteur of the appeal, Justice Luís Roberto Barroso, and approved by the Plenary was as follows:

1 - The prohibition or restriction of the activity of individual private transportation by driver registered in application is unconstitutional, for violation to the principles of free initiative and free competition.

2 - In exercising their competence to regulate and supervise individual private passenger transportation, municipalities and the Federal District can not contradict the parameters established by the federal legislator (Federal Constitution, Article 22, subsection XI).

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