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BRASILIA and RIO – The president of the Federal Supreme Court (STF), Minister Luiz Fux, upheld the decision that canceled the Linha Amarela concession. The Brazilian Association of Highway Concessionaires (ABCR) requested the suspension of a decision of the Superior Court of Justice (STJ) that authorized the city to resume the administration of the expressway. In October last year, Mayor Marcelo Crivella announced the cancellation of the concession and sent backhoes, which destroyed gates and toll booths. In an interview with GLOBO, Crivella celebrated the decision and said that the toll must add between R $ 4 and R $ 5.
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Regarding the administration of the road, the mayor stated that, in the city’s plans, the idea is to continue managing the road in the beginning.
– The city has already made the calculations and the toll should start to cost between R $ 4 and R $ 5 reais – he reinforced.
A similar amount had been revealed by Councilor Felipe Michel (PP), former Secretary of Events in Crivella, to GLOBO, on September 16. According to him, the mayor had guaranteed that it would be R $ 4.30, the same as is practiced in the Río-Niterói Bridge, in one direction only.
Before the last resumption of the road through the city of Rio de Janeiro, last month, the toll was R $ 7.50. The doors are currently clear. Last year, however, Crivella had said that the toll should cost “R $ 2.25 round trip”, commenting that there was “a great economic and financial imbalance” in the contract signed between the city and Lamsa.
In the interview, Crivella also said “to celebrate” the decision of Minister Fux, and reinforced the expectation of the sentence in the Superior Court of Justice (STJ), scheduled for next 21, with the Special Court, which must define a once and for all the highway luck.
– In Minister Fux’s decision, he does not consider Lamsa’s appeal, as he understands that the matter is being dealt with in good hands and the trial (in the STJ) continues until the 21st. This is very important, because the minister He is from Rio de Janeiro and knows the importance of the Yellow Line with a fair toll for Rio de Janeiro. The mayor of Rio welcomes the decision. The unconformed Lamsa appealed to the Supreme, however, she was defeated a second time.
In a note, Lamsa reported that he filed an appeal with the STJ and “trusts that his contract will be maintained, with respect to legal security, and that he will continue to provide the quality operation that he has always provided to Rio de Janeiro society.”
The Rio de Janeiro Court of Justice (TJRJ) even suspended the law that canceled the concession of the Yellow Line. But after that, the STJ reversed the TJRJ’s decision, that is, it allowed the city to take the fast track.
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In the STF, ABCR said that the takeover of the Yellow Line is unconstitutional. Therefore, it is a matter that must be analyzed by the Court and not by the STJ. Fux, however, considered that the issue is infra-constitutional, that is, it is about other laws in addition to the Constitution. In this case, it is up to the STJ to make a decision in this regard.
Town Hall x Lamsa
One of the most controversial points of the camp is the prior compensation that the City Council must pay to Lamsa, administrator of the Yellow Line toll. The municipality believes that it suffered a loss of R $ 1.7 billion with an onerous contract, and that this, in itself, could be considered compensation for the company. Lamsa, however, went to court and had obtained a court order preventing the expropriation until compensation.
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The president of the STJ, however, said that the municipality presented a guarantee of R $ 1.3 billion and a judicial expert will indicate the amount of compensation owed.
Wanted, Lamsa, who administered the Yellow Line toll, said that “he receives with perplexity the decision of the STJ, considering that another 18 decisions against similar requests – including two from the STJ itself and one from the STF – have been unfavorable for the municipality. This decision is a violation of the concession contract that is signed regularly, but it also affects the confidence of private investors in infrastructure throughout the country, undermining legal security and the Federal Constitution. However, the company will exercise its right to appeal and will continue to trust Justice to guarantee the right to operate the concession. ”
