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Change approved by the Chamber paves the way for cities to expand subsidies for public transport, reduce fares, and even create free models using resources from Cide Fuels, advertising, and other revenues. The text also provides for toll exemption for urban buses and an adaptation period for states and municipalities.
The Chamber of Deputies approved, this Wednesday (13), the Bill 3278/2021, which creates new rules for financing urban public transport and allows the use of Cide Fuels resources to subsidize fares.
The proposal goes to President Luiz Inácio Lula da Silva (PT) for sanction, as it has already passed the Senate.
The text does not mandate free buses nationwide, but paves the way for the Union, states, and municipalities to reduce fares, expand subsidies, and adopt free services with budgetary provision.
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Use of Cide can reduce fare prices
The main change is in the funding logic of the system. In the traditional model, the fare paid by the passenger supports a large part of the operation, along with public transfers in some cities.
With the new framework, public transport will have complementary sources of revenue.
The project establishes that the system should not rely solely on direct charges from users.
In practice, the separation between public fare and company remuneration may allow the passenger to pay less than the technical cost of the operation, provided the public authority covers the difference.
The bill authorizes the use of Cide Fuels to subsidize urban public transport fares.
The contribution is levied on fuels and is already allocated to areas such as transport infrastructure, which now more clearly includes support for urban mobility.
This money can be used to reduce the price paid by passengers, provided the subsidy is budgeted by the entity responsible for the service.
The rule aims to prevent discounts and free services from being created without indicating a funding source.
Free services cannot increase fares for other passengers
Another central point is the protection against passing the cost of free services onto other users.
Benefits for the elderly, students, or other groups must be financed by their own subsidies, not by increasing the fare for those who pay.
The union, states, Federal District, and municipalities will have five years to adjust their legislation to the new guidelines.
During this period, contracts, local regulations, and financing mechanisms must be adjusted to the legal framework of urban public transport.
The proposal also reinforces the need for greater transparency in the cost composition of the system.
Since the remuneration of operators may involve public resources, contracts tend to require clearer parameters of quality, efficiency, and accountability.
Advertising and extra revenues enter financing
In addition to Cide, the text allows for non-fare revenues.
Among them are advertising in buses, terminals, and stops, as well as the commercial use of spaces linked to the transport system, such as stations and integration structures.
There may also be cross-subsidies between different services or modes of transport.
In this model, revenues from one category or mode help finance another, provided the measure is foreseen in public regulation and respects the local organization of the system.
More than 170 cities have already adopted zero fare
The zero fare already exists in different formats in more than 170 Brazilian municipalities, according to a survey cited by the National Association of Urban Transport Companies.
In some cities, the gratuity is universal. In others, it applies only on specific days, times, lines, or to specific audiences.
In the city of São Paulo, municipal buses are free on Sundays, from 0:00 to 23:59, under the Domingão Tarifa Zero program.
The policy does not automatically apply to subways, trains, or intercity buses, which follow their own rules.
The expansion of gratuity has gained space in public debate because the number of public transport passengers has decreased in recent years in several cities, while operating costs continued to be pressured by fuel, maintenance, fleet, labor, and decreased demand.
With fewer paying users, the fare tends to rise to compensate for lower revenue, which may further deter passengers.
The new framework attempts to reduce this dependency by recognizing that public transport also serves urban, environmental, economic, and social objectives.
Toll exemption applies to urban buses
The approved project also provides for toll exemption for urban public transport buses on highways managed by all federative entities.
The measure covers intercity, interstate, and international services, according to the approved wording.
This rule can reduce operational costs for lines that pass through granted highways, especially in metropolitan regions and routes between nearby municipalities.
The practical application will depend on the regulation and the adjustment of the affected concession contracts.
Although the text has been approved in the Chamber, the changes only take effect after presidential sanction and publication of the law.
Until then, the current rules for financing, gratuities, and local public transport contracts remain in effect.
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