Post by anik4200 on Feb 18, 2024 11:51:29 GMT
Concepts in the rules on the subject do not generate freedom of competition, but rather a lack of control in the process of choosing the service provider. And it is necessary to prioritize the well-being of transport users, declared the minister. 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. Greater efficiency Minister Luiz Fux, rapporteur of the matter, pointed out in last 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 interst Special Phone Number Data ate and international public passenger 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. Tender requirement Minister Edson Fachin opened the divergence 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".
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 interst Special Phone Number Data ate and international public passenger 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. Tender requirement Minister Edson Fachin opened the divergence 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".