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Is This the End for Buser? Court Orders Oversight Authorities to Fine the Company

Written by Alisson Ficher
Published on 11/12/2024 at 18:53
Updated on 11/12/2024 at 19:00
Buser sofre reviravolta na Justiça e pode ser multada por descumprir normas de transporte. O futuro da empresa está incerto!
Buser sofre reviravolta na Justiça e pode ser multada por descumprir normas de transporte. O futuro da empresa está incerto!
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Buser, A Platform That Promises To Revolutionize Road Transport, Is In A Delicate Moment After A Turnaround In The Justice System.

A decision that could mark the end of the company’s autonomy in the interstate transport market, Federal Court determined that ANTT (National Land Transport Agency) resumes the oversight of Buser’s activities, imposing fines in case of non-compliance with regulations.

This measure came after the Fourth Panel of the Federal Regional Court of the 6th Region, in Minas Gerais, overturned a previous ruling that had authorized Buser to mediate charter travel without restrictions or penalties.

The decision, published on Monday, December 9, already raises a red flag for the platform’s operation in the country.

The Court Ruling And Its Impacts On Buser

In a ruling involving the ANTT’s writ of security, the court reassessed the prohibition previously imposed, which prevented oversight by technicians from the Department of Highways of the State of Minas Gerais (DER-MG).

The court, in a close vote of three in favor and two against, decided that Buser must be supervised and may be fined if it continues to operate outside the established rules.

According to federal judge Simone Lemos, who cast the winning vote, Buser’s operation constitutes “unfair competition” with transportation companies that already comply with legal requirements.

Traditional road transport companies follow strict rules to ensure the continuity and quality of public service, which, according to the court, would not be the case for Buser.

This ruling could be a turning point in the way the collaborative transport platform is viewed by the law and by society.

Open Chartering And The Controversy

Another crucial point of the decision was the characterization of Buser’s business model, which conducts charters in “open circuit.”

Unlike traditional chartering, where passengers are transported in a closed manner, that is, with ticket sales for specific and regular trips, Buser promotes charter trips where passengers can be different for each leg.

This format was considered “illegitimate” by the judges, who understood that it overrides the rights of companies that operate regularly with fixed routes.

This decision represents a severe blow to the platform, which has been challenged not only by public authorities but also by competition from traditional companies that are already struggling to maintain their market space.

Buser, on its part, defends its model of “collaborative chartering,” which connects passengers and charter companies, saying that it represents progress and is legal, having even been recognized by previous decisions in courts across various 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 ruling, Buser stated that it will appeal the decision, which is still subject to Superior Courts.

In a statement, the company explained that the court’s decision contradicts the jurisprudence that has been developed 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 merely limits its activities in Minas Gerais, allowing ANTT to impose penalties on trips that do not adhere to the rules.

Buser also argued that the regulation of the “closed circuit” — which requires trips to transport the same passengers both ways — is a norm that, according to the company, has been deemed illegal by state and federal courts.

This rule, which restricts the freedom of charter companies, is seen by Buser as an attempt to stifle a more modern business model aimed at reducing costs and increasing transport efficiency.

Possible Change In The Transport Market

Now, with the suspension of immunity to oversight, Buser may face even greater challenges to remain competitive in an already heavily regulated market.

The question that arises is: will the platform be able to overturn this decision in higher courts, or are the days of the collaborative chartering model numbered?

Traditional road transport companies have already expressed their views on the decision, highlighting that Buser’s operation jeopardizes market balance.

They claim that Buser is taking advantage of a legal loophole to operate without meeting the safety and infrastructure requirements mandated for the regular transport of passengers.

This creates unfair competition, which could affect the quality of service provided to users and increase the operational costs of transport companies.

And Now?

The future of Buser is more uncertain than ever, with the company facing significant legal obstacles that could completely change its business model.

The lingering question is: will Buser be able to continue operating without facing financial sanctions, or will the pressure from the regulated sector and traditional companies suffocate it?

Will the collaborative charter model prove capable of surviving ANTT’s stringent oversight, or will it find a way to adapt to legal requirements?

In times of rapid changes in the transport sector, Buser’s story reflects 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.

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Marcos
Marcos
18/12/2024 19:58

A buser merece ganhar o direito de operar legalmente sem a interferências dos oligopólios das empresas de transporte rodoviário tradicional, que dominam o mercado.
Deixe que o consumidor decida o que é melhor!
Se o transporte rodoviário tradicional fosse bom como dizem, as empresas de transporte alternativo como a Buser, não existiriam.

Marco Glauco Ribeiro da Silvs
Marco Glauco Ribeiro da Silvs
13/12/2024 18:03

A Buster e demais plataformas estão dando condições do povo viajar. o Uber também foi perseguido no começo cabe aos congressistas levantar a **** da cadeira e votar projetos a favor do povo poder viajar e ver seus entes queridos em comum acordo com o atual Governo e o STF mediando está situação, sendo desumano por impostos a abusivos tornar viagens interestaduais e intermunicipais de longo e médio percurso como artigo de luxo desta privando o ser humano a sua liberdade de viajar aonde quer e deseja. Fato que o mercado termina se adaptando a está realidade para suprir estes clientes, resta as autoridades parar de penalizar as Empresas com impostos abusivos de toda espécie, impedindo que o ser humano tenha direito a sua locomoção por transportes Rodoviário, espero estar assim correto

Edilson Viana
Edilson Viana
Reply to  Marco Glauco Ribeiro da Silvs
18/12/2024 13:28

O grande problema é que as empresas permitidas a operar pela ANTT nunca atendem a demanda do povo, quantas vezes já dormi em rodoviárias devido a passagem em determinado trecho ter acabado 5 dias antes e as empresas não colocaram ônibus extra.
Com buser operando era supriido este déficit deixado pela ganância das empresas autorizadas pela ANTT.
Boa sorte ao aplicativo blablacar, que ele também não seja perseguido.

Alisson Ficher

A journalist who graduated in 2017 and has been active in the field since 2015, with six years of experience in print magazines, stints at free-to-air TV channels, and over 12,000 online publications. A specialist in politics, employment, economics, courses, and other topics, he is also the editor of the CPG portal. Professional registration: 0087134/SP. If you have any questions, wish to report an error, or suggest a story idea related to the topics covered on the website, please contact via email: alisson.hficher@outlook.com. We do not accept résumés!

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