backJustice Alexandre de Moraes of Brazil’s Supreme Federal Court (STF) has granted a preliminary injunction in Claim of Noncompliance with a Fundamental Precept (ADPF) No. 1296, suspending specific provisions of São Paulo Municipal Law No. 18,349/2025 and Decree No. 64,811/2025. The challenged rules imposed conditions on app-based, paid motorcycle passenger transport within the city.
The action was filed by the National Confederation of Services, which argued that the municipal regulations created barriers that would, in practice, make the activity unfeasible.
In his decision, Justice Moraes emphasized that municipalities may regulate safety and oversight aspects of such services, provided that their measures do not conflict with federal law or unduly restrict the free exercise of economic activity. According to the reporting justice, the requirements at issue exceeded the scope of municipal authority by imposing disproportionate conditions, including mandating vehicle registration under the “for-hire” category and prohibiting drivers from commencing operations pending administrative review of their accreditation request.
The injunction also suspended provisions that treated app-based motorcycle transport as equivalent to the public “mototaxi” service, despite the distinction established under federal legislation. Justice Moraes reaffirmed the Supreme Court’s settled understanding that ride-hailing services constitute private economic activity, safeguarded by the constitutional principles of free enterprise and free competition. He further noted that legislative authority over traffic and transportation rests exclusively with the Federal Government.
The preliminary injunction is already in effect and will be submitted to the Court’s full bench for review.
link to the court’s Decision: downloadPeca.asp
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