Rapporteur will await public hearing to decide on ADIs on Freight MP

After a new conciliation hearing between representatives of the government, truck drivers and the productive sector ended without an agreement on Thursday (28/06), Minister Luiz Fux, of the Federal Supreme Court (STF), stated that he will await the public hearing designated for August 27th to make any decision in relation to the actions that question Provisional Measure 832/2018 (Freight MP).

According to the minister, as the matter is very technical, it is more prudent to wait for the information that will be brought to the Court by representatives of the different sectors involved in the issue, as any more abrupt solution could generate a crisis for the country.

“This public hearing will provide a lot of information necessary to judge a topic that, in some way, portrays the picture of a sector of the economy on which we have no expertise,” said Fux. He highlighted that he needs more information on the topic, since government acts have a presumption of constitutionality and, in this specific case, the rules were issued due to the shortage crisis.

Until there is a new decision from the rapporteur, all individual or collective processes and injunctions in progress in the various instances of Justice that question the Freight MP and the resolution of the National Land Transport Agency (ANTT) that regulates it also remain suspended.

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Minister Fux is the rapporteur of ADIs 5956, 5959 and 5964, which question the constitutionality of MP 832 and ANTT Resolution 5820/2018, which establish the minimum price policy for road freight transport. The actions were filed respectively by the Brazilian Road Cargo Transport Association (ATR Brasil), the Brazilian Agriculture and Livestock Confederation (CNA) and the National Confederation of Industry (CNI).