In a virtual session on Monday morning (11/10), the plenary session of the Federal Supreme Court (STF) formed a majority to declare unconstitutional a São Paulo state law regulating and restricting motorcycle taxi service throughout the state. The session officially ends at 11:59 p.m.
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Conditional closure.
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Motorcycle taxi stand in Peros, Northern District
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Reporting from Metropolis on the back of a motorbike taxi in São Paulo
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Motorcycle taxi in South Sao Paulo
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Motorcycle taxi in South Sao Paulo
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City Council discusses regulations for motorcycle taxis
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City Council discusses regulations for motorcycle taxis
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JR Freitas, leader of the independent motorcycle couriers movement, during a session at the CCJ of the São Paulo City Council
Reproduction/Instagram
In September this year, the rapporteur, Minister Alexandre de Moraes, had already suspended this rule, considering that prohibiting or restricting passenger transport by motorcycles was unconstitutional “by violating the principles of free enterprise and free competition.”
In his vote Monday, Moraes maintained that the law is formally and materially unconstitutional. He also stressed that federal legislation already stipulates that the municipality itself must supervise and regulate these services, and the state cannot “intervene or supplement the matter in order to invent the legal system.”
The rapporteur commented: “The restrictions force citizens to submit to alternatives that may be more expensive, slower and less efficient, which weakens the competitive environment, to the obvious detriment of the consumer. This is because it is known that transporting individual passengers via applications, especially motorcycles, has a lower cost, which means a strong alternative to public transport.”
So far, Ministers Dias Toffoli, Edson Fachin and Carmen Lucia have accompanied Alexandre de Moraes in voting. Flavio Dino also joined the majority, making reservations on ride-hailing and delivery apps other than motorcycle taxis. “Humans are not characters in video games, with multiple ‘lives’ that must be fully explored and disposed of like any other consumer product,” he said.
Cristiano Zanin also accompanied Moraes, with reservations about the municipality’s authority to regulate and monitor the motorcycle taxi service through applications, and must establish “any conditions for its exercise, taking into account local specificities.”
When contacted, the Sao Paulo administration did not comment on the vote until the report was published. The space remains open.
The state law was approved in June
Law 18156/2025, approved in June this year, made the practice of motorcycle passenger transportation services by order subject to prior authorization by municipalities.
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However, for the STF, the state law “contradicts the STF’s jurisprudence in traffic and transportation matters, thus invading the exclusive jurisdiction of the Federation.” Furthermore, the law has been viewed as a “barrier to entry” to engaging in activity, which would constitute an “unfair impediment.”
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