Court grants injunction prohibiting adjustment of bus fares in ManausDecision is that there can only be reset to companies to license illegal vehicles, demonstrate maintenance plan and renew the fleet.
Judge Paulo Fernando de Brito Feitoza, holder of the 1st Court of Public Finance and Municipal Crimes Against the Tax Order of Manaus County, granted an injunction, Public civil action filed by the State Prosecutor, and determined that the city of Manaus refrain from authorizing the readjustment of conventional public transport, until the concessionaires promote the licensing of irregular vehicles, prove the existence of periodic maintenance plan of vehicles and, still, provide for the renewal of the existing fleet the extent determined by the Organic Law of the Municipality (Loman). The magistrate set R $ 100 thousand daily fine in the event of breach of injunction.
Paul Feitoza judge ruled, still, the concessionaires ground in the process “promote the renewal of the vehicle fleet, made available for the provision of conventional public transport public service, under certain in Loman (Art. 258, VIII) and in the concession agreement signed with the Municipal Government, within 30 (thirty) days”. Here too, a fixed daily fine for noncompliance, It was R $ 100 one thousand.
By basing the decision, Paul Feitoza judge stated that the demand of the prosecution “It comes to public knowledge and notorious problem, experienced daily by the Manaus population, which is, precariousness in the provision of conventional public transportation services”. According to the magistrate, the problems listed by the MP - poor provision of the service provided by utilities - “It is amply demonstrated by the documentation gathered on the file”.
Another point highlighted by the judge is “breach of contract terms by the defendants companies and also by the Municipal Public Administration” with regard to fleet renewal: ” … patent shows the failure of what was agreed between the utility and the municipality of Manaus, in the year of 2017, when it was discussed and approved the adjustment of the tariff charged, provided that the companies would realize fleet renewal, partially, which has not been satisfactorily”, says the text of the decision.
The Public Civil Action (ACP) with request for an injunction was filed by the Amazonas State prosecutors on the last day 17 January and signed by the holder of the 81st Prodecon, Prosecutor Sheyla Andrade dos Santos. The action includes claim for compensation for collective moral damage - topic that will still merit the trial of the object -, in addition to injunctive relief (injunction) to prohibit any tariff readjustment as there is the renewal of the bus fleet pursuant to the Organic Law of the Municipality. The ACP was filed in the face of the city of Manaus, Municipal Superintendence of Urban Transportation (SMTU), the Union of the State of Amazonas Passenger Transport Companies (Sinetram) e the 10 companies service dealerships in Manaus.
A hearing conciliation between the defendants and the prosecution should be marked, on a date to be set by the Secretariat of the 1st Court of Exchequer. “Join the great public interest surrounding this demand justifies the need to conduct the conciliation hearing”, stresses the text signed by the judge.