And the Judiciary must respect the models for exploring activities chosen by the Executive and Legislative branches. Nelson Jr./SCO/STF Luiz Fux said that the requirements for granting authorization are rigorous Nelson Jr./SCO/STF With this understanding, the Plenary of the Federal Supreme Court formed a majority this Thursday (23/3) to declare the constitutionality of changes in legislation that allow the offering of interstate and international public passenger transport services without prior bidding, through simple authorization . To date, seven ministers have voted for the constitutionality of the model. Ministers Edson Fachin and Ricardo Lewandowski disagreed and understood that there needed to be a bidding process. The votes of ministers Cármen Lúcia and Rosa Weber, president of the court, are missing. Law 10,233/2001, which provided for the restructuring of waterway and land transport, required that the granting of transport services be made by means of permission. And, for this, there must be a prior bidding process. However, Law 12,996/2014 now provides for the authorization instrument for the provision of these services, dispensing with the prior bidding procedure.
Minister Luiz Fux, rapporteur on the matter, pointed out in this Wednesday's session (22/3) that there is a tendency to decentralize public services, in order to make them more efficient. In this way, he said, it is increasingly common for state entities to resort to contracts with social organizations, agreements and public-private partnerships, for example. The judge highlighted that bidding is only mandatory when there is competition between individuals. And this does not happen in the case of interstate and international public pas Vietnam WhatsApp Number senger transport, Fux recalled, as it is not necessary for just one or a few companies to operate the service. Companies just need to comply with legal requirements to be authorized to carry out the activity. For Fux, the bidding requirement would worsen interstate and international passenger transport, creating inconvenience for users. And the public authorities have a duty to ensure the quality of the service. The minister mentioned that the requirements for authorizing companies to operate passenger transport services are strict. So much so that only 11% of interested parties obtain approval, according to data from the Federal Court of Auditors. Furthermore, Fux said that it is necessary to respect the legislator's choice for the authorization model.
The rapporteur's vote was followed by ministers André Mendonça, Nunes Marques, Alexandre de Moraes, Luís Roberto Barroso, Dias Toffoli and Gilmar Mendes. In this Thursday's session, Barroso argued that the model of granting passenger transport services by authorization has two major advantages: it allows competition between companies, which, the larger they are, the more it benefits users, and it combats monopolies in the sector. Gilmar Mendes said that, from the Fernando Henrique Cardoso government (1995-2002), there began to be a concept that public services should not necessarily be provided directly by the State. As a result, there was a gain in efficiency in several areas, such as telephony, highlighted the dean of the STF. Tender requirement Minister Edson Fachin opened the divergence on Wednesday and voted to declare the unconstitutionality of the authorization model for the operation of interstate and international public passenger transport services. For Fachin, the system violates article 175 of the Constitution. The provision establishes that "it is up to the public authorities, in accordance with the law, directly or under a concession or permission regime, always through bidding, to provide public services".