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Text Approved by the Communication Commission Details Requirements of the Urban Mobility Law, Expands Criteria for Impediment, Maintains Annual Negative Certificate, and Amends the Penal Code for App Drivers
The Communication Commission of the Chamber of Deputies approved a proposal that prevents platforms like Uber and 99 from registering drivers with protective measures due to domestic violence, sexual crimes, or against vulnerable individuals, reinforcing the criteria of the Urban Mobility Law.
The approved proposal details requirements already outlined in Law 12.587/12 by expanding the situations that prevent drivers from operating on digital platforms, establishing more stringent criteria for the protection of users of private individual transport.
The text stipulates that individuals with protective measures granted for domestic violence, against children, adolescents, or the elderly, in addition to crimes against sexual dignity, will not be eligible, even in the absence of a definitive criminal conviction.
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Moreover, the obligation to present a negative criminal background certificate remains, now with an annual update requirement, enhancing the periodic control over the legal status of active drivers on transport platforms.
Changes to the Penal Code and Effects of Conviction
The proposal also amends the Penal Code by including, as a consequence of conviction, the prohibition of exercising activity as an app driver when the offender is convicted of domestic violence, sexual crimes, or violence against the elderly.
This prohibition will last as long as the effects of the sentence, counted from the final judgement, establishing a direct link between the judicial decision and the restriction on the exercise of professional activity.
The substitute report by the rapporteur, Deputy Antonio Andrade (Republicans-TO), to Bill 1689/25, authored by Deputy Alex Manente (Citizenship-SP), was approved, which removed the requirement for self-declaration of criminal history from users.
According to Andrade, forcing consumers to declare their background would create an unprecedented scenario in the country, exposing sensitive data without state verification, generating legal insecurity and encouraging informality, as highlighted in a report cited by the Agência Câmara de Notícias.
Processing and Next Steps
The proposal is processed in a conclusive manner and will proceed for analysis by the Constitution and Justice and Citizenship Commission, where it will be evaluated for the constitutionality and legislative technicality of the approved text.
To become law, the project still needs to be approved by the Chamber of Deputies and the Federal Senate, completing the legislative process set for changes in the Urban Mobility Law and the Penal Code.
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