Federal Court denies Fiesp's request to suspend freight rate

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A writ of mandamus does not serve to question the legality of a provisional measure. With this understanding, judge Eduardo Rocha Penteado, of the 7th Federal Civil Court of the Federal District, denied a request from the Federation of Industries of São Paulo (Fiesp) against Resolution 5,820 of the National Land Transport Agency (ANTT), which set minimum prices for freight charges in the country.


Fiesp questioned ANTT's resolution that tabulated freight, but he really wanted to question the MP's fuel pricing policy, says federal judge.
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Edited to meet the demands of transport B2B Lead companies and truck drivers who joined the strike, the rule set minimum prices for freight in Brazil. The resolution regulated MP 832/2018, which established the so-called Minimum Price Policy for Road Cargo Transport, another government policy designed to please transport companies.

In the writ of mandamus, Fiesp alleges that the price fixing violates the economic order provided for in the Constitution, especially the principle of free competition. Therefore, he requested an injunction to suspend Resolution ANTT 5,820.

For the judge, however, the real request for the writ of mandamus was to revoke MP 832. "Under the pretext of challenging ANTT Resolution 5,820/2018, what the petitioners intend, by cross-cutting means, is to question the MP itself 832/2018, that is, an act carried out by an authority other than the director general of the Agency, who, therefore, does not even have the legitimacy to act in defense of hypothetical illegality committed by someone else, the President of the Republic”.



According to the judge, the writ of mandamus would only be admissible if the entities had maintained that the resolution exceeded the limits of the provisional measure. However, the “core of the case”, says the federal judge, is the incompatibility of the Minimum Price Policy with the constitutional principles that govern the economic order.

Thus, the judge assessed that the MS of Fiesp and Ciesp was not the appropriate way to recognize the illegality of the freight pricing and denied the request for an injunction.