Post by account_disabled on Mar 13, 2024 6:40:37 GMT
The activity of paid passenger transport through applications is subject to the rules of public authorities, especially in a state of public calamity. With this understanding, the judge of the Pernambuco Court of Justice Fábio Eugênio Dantas denied a request from the Association of Drivers and Motorcycle Freight Workers of Pernambuco (Amape) for the category to be excluded from the vehicle rotation system.
Disclosure
Application drivers submit to traffic rotation rules
Disclosure
State Decree 49.024/2020 restricted, from B2B Lead May 16th to 31st, the circulation of vehicles in the cities of Recife, Olinda, Camaragibe, São Lourenço da Mata and Jaboatão dos Guararapes to contain the Covid-19 contamination curve. Exceptions are made for buses and taxis, among others.
In the writ of mandamus, Amape stated that the submission of app drivers to the rotation system violates the constitutional principles of free enterprise, free competition and equality.
Judge Fábio Eugênio Dantas opined that the restriction is exceptional and temporary, imposed for public health reasons. According to him, the rotation does not create definitive obstacles to individual passenger transport via apps.
Furthermore, the judge highlighted that the public authorities have the power to establish rules for the activity. And it is up to the Executive, not the Judiciary, to establish public policies to contain the spread of the coronavirus, said Dantas. With information from the TJ-PE Press Office.
