The Federal Supreme Court (STF) has invalidated a São Paulo state law that restricted the paid transportation of passengers using motorcycle taxi applications. The court said that only Congress had the power to legislate on this issue. However, this decision is far from ending the conflict caused by the proliferation of motorcycle taxi drivers in Brazilian cities.
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São Paulo City Hall, which vetoed the activity, criticized the release. Mayor Ricardo Nunez (MDB) said this would be respected, but claimed that the risks involved in transporting passengers by motorcycle were being ignored. He said 483 people died in motorcycle accidents last year alone in the capital, São Paulo, a 20% increase from the previous year.
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The Brazilian Mobility Technology Association (Amobitec), which brings together companies such as Uber and 99, believed the decision would bring legal certainty to the sector. In conflicts with the government, transit apps typically invoke a 2018 federal law that authorized these types of services across the United States. The law delegates the authority to regulate and supervise this activity to local governments and federal districts, but cannot prohibit them. The law was an advance at a time when city halls were trying to block advances in app-based transportation under pressure from taxi driver companies. There was no point in vetoing them. However, at that time, motorcycle taxis were still in their infancy.
Safety concerns are important as traffic is chaotic in large cities. In the first half of this year, there were 7.4 motorcycle fatalities per day in São Paulo state alone, an increase of 5.5% from the previous year. This situation is repeated in other states and capitals. Of the 73,919 traffic accidents that occurred in Rio state in 2024, approximately 60% involved motorcycles. In the capital, Rio de Janeiro, the rate was even higher, at 77%.
Regardless of the type of transportation, there should be no restrictions placed on private companies to meet the public’s transportation needs. However, it is up to public authorities to take action to reduce traffic fatalities. There is loss to families, injuries that sometimes leave victims unable to work, and costs to health care networks. All of this is also the responsibility of the state and city halls.
In the gap left by the law, Congress would do well to reconsider the issue from a new perspective. It is no longer about guaranteeing startups the legitimate right to carry out economic activities. However, it is also to protect the health and lives of motorcyclists and passengers. City halls, which can regulate and monitor services, should establish stricter rules for this type of transport. There is no denying that speed, practicality and competitive fares have led to the growth of motorcycle taxis. A balance must be established between the demands of the public, the interests of businesses and the obligations of public authorities, without losing sight of the fact that it is of paramount importance that passengers reach their destinations safely.
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