August 22, 2017
More than three months after Uber sought a relief before the Public Revenue Courts in Fortaleza, the injunction was granted for allowing Uber and driver partners to freely operate in the city. Since the launch of the app in Fortaleza, Municipal authorities have been impounding vehicles and applying fines to drivers caught with Uber app, in an attempt of illegally prohibiting the use of such electronic platform.
In a recent decision issued on Aug. 21, Judge Carlos Augusto Gomes Correia, who sits at the 7th Public Revenue Court of Fortaleza granted the preliminary injunction in favor of Uber and all driver partners in Fortaleza. According to Judge Correa, public authorities must refrain from taking any measure aimed at inhibiting Uber business and driver partners’ activities. The decision states the difference between the transportation performed by drivers who use the app and the one performed by taxi drivers. It is grounded on the Constitution, stressing that private activities cannot be illegally and unfairly prohibited by the Municipality.
In light of such decision, Uber and driver partners cannot be punished for the use of the app itself. The municipal transit authorities can only supervise the compliance by the driver partners with the Brazilian Traffic Code. Uber is represented by Licks Attorneys.