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Upon finding non-compliance with the court order, the Federal Civil and Criminal Court of Paulo Afonso (BA) reiterated its determination that Buser — responsible for a road transport application — stop advertising and selling bus tickets on routes leaving, arriving or pass through the state of Bahia.
Disclosure
Buser offers bus tickets through the app Disclosure
The decision also orders Buser to remove advertisements selling tickets, under penalty of its website being taken offline. The fine for each non-compliance is now R$10,000, with members being held personally liable. Official letters were sent to the Federal and State Highway Police, so that they could monitor the company's service provision.
Following a request from another company in the sector, the same court, in September 2020, ordered the definitive halt to Buser's activities in the state, due to the lack of state authorization. At the time, judge João Paulo Pirôpo de Abreu understood that maintaining the company's services would put the safety and physical integrity of passengers at risk and would compromise the economic activity of competitors.
Last year, the author indicated Portugal Mobile Number List that the defendant was failing to comply with the sentence. Prints of the Buser website were presented with ticket offers for routes in the state.
In a new decision, the judge considered that the prints demonstrated disrespect for the judicial command: "The screenshot undoubtedly proves that the defendant provided a public road transport service, without due authorization and supervision from the State, thus evidencing the exposure users at risk, in addition to the losses caused to other public transport companies".
The defendant claimed that prints would not be viable means of proof. But Abreu pointed out that "there is no legal prohibition or even jurisprudential understanding to rule out the credibility of screenshots from internet sites, since they are a public and notorious fact made available on the world wide web." Thus, the prints would be “a legal and morally legitimate means of proof”.
Buser has been accumulating legal decisions contrary to its actions. Last January, for example, the São Paulo Court of Justice banned the defendant from traveling to Ubatuba, on the coast of São Paulo. Similar suspensions have already occurred in other states, such as Rio Grande do Sul . In December last year, the company suffered a seizure of R$45 million, due to repeated non-compliance with court orders of this type in Espírito Santo.
Other side
In a statement, Buser stated that it has already appealed to the TRF-1 against the decision, as it understands that the decision, in addition to being mistaken, falls outside the original scope of the action. Read the note sent by the company:
The largest road travel intermediation platform in Brazil, Buser has already appealed to the TRF-1 against the decision, as it understands that the decision, in addition to being mistaken, goes beyond the original scope of the action.
It is important to remember that Buser won the main decisions in the Judiciary in this regard, proving that the startup's business model is completely legal. This has already been confirmed by decisions from the country's main courts, which have protected Buser's right to act in travel intermediation. This matter has already been debated even in the Federal Supreme Court (STF), in the judgment of ADPF 574, which recognized the legality of Buser's actions by judging that there is no impediment to the operation of chartered passenger transport, which forced the author of the action , the Brazilian Association of Land Passenger Transport Companies (Abrati) to withdraw from the process.
In December 2020, the Court of Justice of São Paulo (TJ-SP) took a similar decision, dismissing an appeal by the Union of Passenger Transport Companies of the State of São Paulo (Setpesp), which accused Buser of illegal transport of passengers.
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发表于 2024-3-12 14:25:22