Federal government has known since 2015 that freight pricing is unconstitutional

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The pricing of shipping brought legal problems to Palácio do Planalto. But at least since 2015 the government has known that the measure is unconstitutional. In February of that year, truck drivers who organized a strike to ask for the institution of minimum prices were not heeded by President Dilma Rousseff: the measure, concluded the Planalto at the time, is unconstitutional for violating the principle of free enterprise, described in section IV of the article 1 of the Federal Constitution as one of the fundamental principles of the Republic.


Disclosure
By law, regulatory agencies are technical and independent bodies and cannot be interfered with by the government, says José Del Chiaro.
Disclosure
Not even truck stoppages are new. In addition to the February 2015 strike, in July 2012, the category stopped to demand regulation of working hours and rest breaks.

At the time of the 2015 strike, representatives of the federal government met with truck drivers and rejected the creation of a minimum freight table, suggesting only the creation of a reference table of B2B Lead road freight costs. The then Secretary General of the Presidency, Miguel Rossetto, was emphatic in a press conference: “The table has no constitutional support and is impractical. We studied a lot, we dedicated ourselves a lot, to examining a series of alternatives. There is no constitutional authorization for a mandatory table". A public hearing by the external committee of the Chamber of Deputies that monitored the negotiation of truck drivers' demands also brought to light the delicate problem of the constitutionality of setting minimum values ​​for freight.

It is surprising that the same demands, denied just three years ago due to their unconstitutionality, have now been accepted and implemented at the drop of a hat. After being unable to resist pressure from truck drivers, the weakened federal government issued, on May 27, Provisional Measure 832, determining that the National Land Transport Agency (ANTT) prepare in five days a table of minimum prices for the freight. Three days later, ANTT edited its table through Resolution 5,820/2018.



Numerous and well-founded criticisms from civil society led ANTT, just a week after publishing the table, to change it through Resolution 5,821 to try to correct some serious distortions brought about by the previous resolution, such as those relating to transport contracts with a fixed term. then in force or relating to return shipping.