Minister Luiz Fux, of the Federal Supreme Court (STF), granted preliminary injunction suspending the application of administrative measures, coercive and punitive measures provided for in the law that created the so-called “minimum freight rate”, as well as the effects of the Resolution of the National Land Transport Agency (ANTT), which establishes fines for those who fail to comply with the established values.
José Del Chiaro, a lawyer specializing in economic and antitrust law, considers the decision taken last Thursday (06), although preliminary, very positive for the country’s economy. “Faced with potential damages to the economy and the ostensive unconstitutionality of the table, the STF, although late, fulfills its duty and stagnates the possibility of imposing fines and indemnities provided for in the questioned legislation, “he says.
For the lawyer, in practice the “freight table”, although in force, can not generate any consequence to the freight contractor who fails to observe it.
“Instead of judging this table unconstitutional, created to favor a single segment of society to the detriment of all others, the Supreme Court suspended the possibility of coercive imposition of fines and / or damages. It is imperative that the Supreme Court judge the merits of the matter and, unlike the Executive and the Legislative, does not bow to the blackmail of a sector and enforce the Constitution, “says Del Chiaro. However, he does not hide his fear that carriers and truckers who took advantage of “the administrative incompetence of a fragile government can resume their abusive movements” in protest against the judicial decision.
This text was translated by machine from Brazilian Portuguese.