Fux's decision on suspension of fines provides legal certainty



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<img clbad = "size-large wp-image-166037" src = "https://cbadrural.uol.com.br/wp-content/uploads/2018/07/download-640×389.jpeg" alt = "The head of the legal council of the Confederation of Agriculture and Livestock of Brazil (NAC), Rudy Ferraz, said Thursday 6 the decision of Minister Luiz Fux of the Federal Supreme Court to suspend the 39, application of fines for non-compliance with the freight table brings legal certainty and predictability to the agri-food chain and to the whole of the transport sector

The decision is preliminary and incorporates the lawsuit on unconstitutionality brought in June with the STF against the law that created the minimum price scale for road transport.The measure was developed by the National Agency of Land Transport (ANTT) because of the truckers' strike in May. is the rapporteur for action, whose merit should only be judged in 2019, since the STF is Vacations on the 20th.

"It was a victory for the NAC, the producers and the whole society. This decision by Minister Fux has provided legal certainty to the agri-food chain and all freight sectors, "he said.

He stated that he was not afraid that a judgment non-merit-based does not create legal liability for non-payment of fines. "When such a decision is made, there is modulation. The applicability of this decision remains in time and, therefore, the decision provides legal certainty to relationships and predictability as long as the Supreme does not definitively badyze the issue of tabulation is not likely to sanction this tabulation that we consider unconstitutional. "

According to Ferraz, the CNA believes that, according to the Fux decision, market relations and free initiative will dictate the freight market in the country and that the chart will be only a differential, a parameter in which the market works

"The law stipulates that the tabulation must be constructed in a technical way and with all the sectors concerned. This table of today was made in a political way and without the participation of all the participants; has been badly done and we can not be penalized by a law that we dispute. "

The Brazilian Association of Truck Drivers (Abcam), an entity that participated in the truckers strike in May, sector on the subject." Abcam also said that there had no intention of re-arresting the clbad.

Freight chart: CNA obtains suspension of fines in STF

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