The Federal Supreme Court (STF) has invalidated a São Paulo state law restricting paid transportation for passengers using motorcycle taxi apps. The court stated that only Congress has the authority to legislate in this regard. But the decision is far from ending the controversies sparked by the proliferation of motorcycle taxi drivers in Brazilian cities.
- Editorial: Motorcycle taxi regulations must put safety first
São Paulo City Hall, where the activity was intercepted, criticized this version. City Mayor Ricardo Nunes (MDB) said it would be respected, but said he was ignoring the risks associated with transporting passengers by motorcycle. He said that last year alone, the capital, Sao Paulo, recorded 483 deaths in motorcycle accidents, an increase of 20% over the previous year.
- Editorial: The increase in deaths in motorcycle accidents requires a preventive policy
The Brazilian Transport and Technology Association (Amobitec), which includes companies such as Uber and 99, considered that the decision brings legal certainty to the sector. In their tussles with governments, ride-hailing apps typically cite a 2018 federal law that allowed this type of service across the country. The legislation delegated powers to regulate and supervise the activity to municipalities and the Federal District, but they could not prohibit it. The law was a breakthrough at a time when city councils, under pressure from taxi driver companies, were trying to block the advancement of app-based transportation. There was no point in objecting to them. However, at that time, motorcycle taxis were in their infancy.
Attention to safety is crucial, given the chaotic traffic in major cities. In the first half of this year, there were 7.4 deaths per day of motorcyclists in São Paulo state alone, an increase of 5.5% compared to the previous year. The situation is repeated in other states and capitals. In 2024, of the 73,919 traffic accidents in Rio State, about 60% involved motorcycles. In the capital, Rio de Janeiro, the percentage was even higher: 77%.
No restrictions should be placed on private companies to meet the population’s demand for transportation, whatever its type. But it is up to public authorities to work to reduce deaths resulting from traffic accidents. There are losses to families, injuries that sometimes leave the victim unable to work, and expenses on the health care network. All of this also falls on states and city councils.
In light of the loopholes left in the law, Congress would do well to reconsider this issue from a new perspective. It is no longer a matter of guaranteeing the right of startups to practice their economic activity. But also to ensure the health and life of motorcyclists and passengers. City councils, which can regulate and monitor the service, should establish stricter rules for this type of transportation. It is undeniable that motorcycle taxis have expanded due to speed, practicality and competitive prices. It is necessary to achieve a balance between the demands of citizens, the interests of companies and the obligations of public authorities, without losing sight of the fact that what is most important is that the passenger arrives at his destination safely.
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