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Buser, a platform that promises to revolutionize road transport, is in a delicate moment after a turnaround in the courts.
In a decision that could mark the end of the company's autonomy in the interstate transportation market, the Federal Court determined that the ANTT (National Land Transport Agency) resumes monitoring of Buser's activities, applying fines in case of failure to comply with the rules.
This measure came after the Fourth Panel of the Federal Regional Court of the 6th Region, in Minas Gerais, reversed a previous sentence that had authorized Buser to mediate charter trips without restrictions or penalties.
The decision, which was published this Monday, December 9, already raises a red flag for the platform's operation in the country.
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The court decision and its impacts on Buser
In a trial involving the ANTT's security order, the Court reassessed the previously imposed prohibition, which prevented inspection by technicians from Department of Highways of the State of Minas Gerais (DER-MG).
The Court, in a tight vote of three in favor and two against, decided that Buser must be monitored and may be fined if it continues to operate outside the established norms.
According to federal judge Simone Lemos, who cast the winning vote, Buser's operation constitutes “unfair competition” with transport companies that already comply with legal requirements.
Traditional road transport companies follow strict rules to guarantee the continuity and quality of public service, which, according to the Court, would not be the case with Buser.
This judgment could be a turning point in the way the collaborative transport platform will be viewed by the law and society.
Open chartering and controversy
Another crucial point of the decision was the characterization of Buser's business model, which carries out “open circuit” charters.
Unlike traditional chartering, in which passengers are transported in a closed manner, that is, with the sale of tickets for specific and regular trips, Buser promotes charter trips where passengers can be different on each route.
This format was considered “illegitimate” by the judges, who understood that it overrides the rights of companies that operate regularly with fixed lines.
This decision represents a hard blow for the platform, which found itself challenged not only by the government, but also by competition from traditional companies, which are already struggling to maintain their space in the market.
Buser, in turn, defends its “collaborative charter” model, which connects passengers and charter companies, saying that it represents progress and is legal, having even been recognized by previous decisions in courts in several regions.
The company argues that its system offers a modern solution for mobility and meets the growing demand for more economical and flexible transport alternatives.
Buser's vision and the future of the platform
After the announcement of the sentence, Buser stated that it will appeal the decision, which is still up to the Higher Courts.
In a statement, the company explained that the Court's decision goes against the case law that has been established in much of Brazil, which considers the collaborative model as a legal and beneficial alternative for both users and charter companies.
The platform emphasized that the decision does not prohibit its operation, but only limits its activities in Minas Gerais, allowing ANTT to apply penalties to trips that do not follow the rules.
Buser also argued that the “closed circuit” regulation — which requires trips to transport the same passengers on the outward and return journeys — is a rule that, according to the company, was considered illegal by state and federal courts.
This rule, which restricts the freedom of charter companies, is seen by Buser as an attempt to curb a more modern business model, which aims to reduce costs and increase transport efficiency.
Possible change in the transportation market
Now, with the suspension of immunity from inspection, Buser may face even greater challenges to remain competitive in a market already marked by heavy regulation.
The question is: will the platform be able to reverse this decision in higher courts, or are the days of the collaborative charter model numbered?
Traditional road transport companies have already spoken out about the decision, highlighting that Buser's operation puts market balance at risk.
They claim that Buser is taking advantage of a legal vacuum to operate without complying with the safety and infrastructure requirements required for regular passenger transport.
This generates unfair competition, which can affect the quality of the service offered to users and increase the operating costs of transport companies.
And now?
Buser's future is more uncertain than ever, with the company facing significant legal hurdles that could completely change its business model.
The question remains: will Buser be able to continue operating without suffering financial sanctions, or will pressure from the regulated sector and traditional companies suffocate it?
Will the collaborative charter model prove capable of surviving ANTT's rigorous oversight, or will it find a way to adapt to legal requirements?
In times of rapid change in the transport sector, Buser's history is a reflection of the tensions between innovation and regulation, between market modernization and the protection of traditional companies. What comes next will be decisive for the future structure of road transport in Brazil.
Buster and other platforms are enabling people to travel. Uber was also persecuted in the beginning. It is up to congressmen to get up off their asses and vote on projects in favor of people being able to travel and see their loved ones in common agreement with the current Government and the STF mediating this situation. It is inhumane to turn long and medium-distance interstate and intercity travel into a luxury item through abusive taxes, depriving human beings of their freedom to travel wherever they want and desire. The fact is that the market ends up adapting to this reality to supply these customers. It is up to the authorities to stop penalizing companies with abusive taxes of all kinds, preventing human beings from having the right to travel by road transport. I hope I am right.
The big problem is that the companies allowed to operate by ANTT never meet the people's demand. How many times have I slept at bus stations because the ticket for a certain section ran out 5 days before and the companies didn't put on extra buses.
With buser operating, this deficit left by the greed of companies authorized by ANTT was filled.
Good luck to the blablacar app, may it not be persecuted either.
Buser deserves to gain the right to operate legally without interference from the oligopolies of traditional road transport companies, which dominate the market.
Let the consumer decide what is best!
If traditional road transport were as good as they say, alternative transport companies like Buser would not exist.