After a public hearing about the cargo table, on Monday 27, the Minister Luiz Fux, of the Federal Supreme Court (STF), he said that he will not only decide, but he will present the three direct actions of unconstitutionality (ADIs) directly in the plenary session of the Court for analysis.
"Now that we have enough information, I will submit the cases together, let's review the issue as quickly as possible, and all together I will take the plenary as soon as possible," said Fux.
The minister did not want to predict when he should release the lawsuit for a lawsuit. "Setting a deadline creates economic speculation, everything we do not want, and the Supreme must ensure good governance," Fux said.
Fux said that he will first forward the case to the demonstration of the competent authorities that have not yet issued an opinion. Among these is the office of the Attorney General (PGR). It is only after this process that the actions have to be sent to the plenary meeting.
As soon as it has been released by the rapporteur, it will be the STF's Presidency to set a date for the assessment of the actions, for which no deadline applies. On 13 September, the Court changed its order and Minister Carmen Lúcia passed on the post to Minister Dias Toffoli.
Against the table
For about four hours, Luiz Fux heard from representatives of the production sector and truck drivers, who argued against and in favor of the minimum freight rate, that was created by the government in May through a provisional measure and was transposed into law by Congress this month.
Representatives of industry and agribusiness have strongly criticized the measure, which would undermine free competition and cause inflation by raising prices, for example from products from the basic food basket to the end consumer.
According to Armando Castelar Pinheiro, representative of the National Confederation of Industry (CNI), an increase in transport costs of up to 12%, with an impact calculated by the entity at 53 billion reais per year, should be passed on to the end consumer, in the particularly in the food sector.
"The poorest consumers will be affected because, for them, the foods have more weight [no orçamento doméstico]"Castelar said" We give the weakest link in society the responsibility to pay these immense costs of wrong policy on the system. "
They were also opposed to a government intervention on the market, the Board of Economic Defense (Cade), the National Confederation of Transport (CNT) and the Confederation of Agriculture and Livestock of Brazil (CNA). The entities have called for a quick decision to resolve the legal uncertainty that has made the closure of future contracts more difficult.
"We appeal to this house (STF) so you do not have to wait for the next ruler, so you do not have to wait for the next election, so you do not have to wait until next week, "said CNA representative Luiz Antonio Fayet.
Defense of the board
In response, representatives of truck drivers accused industry and agribusiness entities of spreading false information and paying for company-wide persuasive campaigns that disrupt data. They have explicitly defended the minimum freight rate table, which they believe is necessary to ensure only the coverage of personnel costs.
"Working for diesel oil, minister, is not appropriate, no one in this country can only work for bread, other basic needs have to be reimbursed for our work," said Carlos Litti Dahmer, representative of the Union of Freight Forwarders (Sindtac).
"Unconstitutional is hungry, unconstitutional gives no guarantee for their own lives, unconstitutional is the aggravated exploitation of one category to another, unconstitutional gives man no dignity," said the union representative, which was greatly applauded by an audience usually formed by truckers.
They also defended the necessity of the measure as a way to correct a "disturbance" of the market, the Minister of Transport, Valter Casemiro; the director of the National Land Transport Agency (ANTT), Marcelo Vinaud; and the Attorney General of the Union, Grace Mendonça.
"It is a fact that in this established relationship between the productive sector and the truck driver there is no freedom of negotiation: everything works very well when the market is in balance." There is a market disruption that causes the government to act in this relationship, "said the AGU.