The 2nd Public Treasury and Public Records Court of Campo Grande determined that the city hall recalculate the public transport fare including the Tax on Services of Any Nature (ISSQN) charged from Consórcio Guaicurus, the concessionaire that operates the justice service. Currently at R$ 4.10, the value of the pass should increase with the direct collection of the tribute.
Since last year, the charge was already foreseen, but the municipality did not take the ISSQN into account in the calculation, which led the consortium to question the Public Power. As the city hall did not accept the appeal, the group went to court.
To Correio do Estado, the lawyer for the Consórcio Guaicurus, André Borges explained that a deposit account will be opened for the concessionaire to deposit the tax that is collected. “The tax has to be calculated like fuel, tyres, employees' wages, which are already in the account.
judge recognizes
Today, around R$ 200,000 a month are collected and will be deposited in a court account. The judge recognized that this calculation was illegal and the city hall should redo it”, he said.
In a note, the city hall reported that it has not yet been notified of the decision and therefore would not manifest itself.
In his decision, Judge Ricardo Galbiati still determines the Municipal Executive to pay the costs of the process. “In view of all the above, I grant security to determine that the coercive authorities redo the process of evaluating the 2020 urban public transport tariff. collect the ISS through a deposit in the Single Account available to the Court, until the end of the administrative tariff review procedure.
I sentence the coercive authorities to pay the procedural costs and refrain from arbitrating attorney fees, pursuant to the provisions of Precedents No. 512 of the Federal Supreme Court and 105 of the Superior Court of Justice. Open a subaccount linked to this fact so that deposits can be made from the next tax due date,” he wrote.
HISTORIC
The 2019 readjustment was marked by several mishaps, which led to yet another delay. By contract, it was supposed to take place in October, but it was only authorized in December. The first impasse was motivated by the tense salary negotiations between the concessionaire's management and the drivers.
The salary of professionals is one of the indices that make up the formula that determines the value of the fee. Drivers asked for 13%, an increase in the value of food vouchers and a reduction in the workload. The consortium did not accept and offered 2,55%, which led the category to schedule a protest, which ended up cancelled. Some organizers of the movement, already at the beginning of the month of December, were dismissed afterwards.
In the meantime, Mayor Marcos Trad (PSD) declared that charging the tax on the fare will not impact the bus pass. “The concessionaire gives the readjustment to drivers between December 20th and 22nd. And this will be measured when the Consortium sends the spreadsheet. But one thing is certain: the return of the ISSQN charge will not impact the tariff increase”, he said.
businessmen and workers
The uncertainty led the parties to negotiate before the Regional Labor Court (TRT24). Finally, businessmen and workers agreed on an increase of 3.5%.
With this definition, the Regulation Council, linked to Agereg, finally met, on December 19, to determine the value of the tariff increase. However, the group meeting was marked by tension. The Guaicurus Consortium voted against the readjustment, questioning the tariff band that affects the Passenger Per Kilometer Index (IPKe). Without this lock, the rate at the time would be R$ 4.05 and would rise to R$ 4.22.
The reason for the ISSQN not being part of the calculation was also questioned, but the note was disregarded. Thus, the value of R$ 4.11 was fixed.
Mayor Marcos Trad decided to round the value to R$ 4.10, sanctioning a decree on December 26th. The fare for executive buses rose from R$ 4.80 to R$ 4.90. Then, the concessionaire disputed the value of the readjustment. In the document, the group of companies pointed out that, based on the justice contract, the value that should be readjusted in the seventh year of the contract – which was signed in 2012 – would be R$ 4.63, and not R$ 3.95 as it was at the time.
Tariff Adjustment
However, on January 7, 2020, the TCE suspended the increase. In his decision, councilor Waldir Neves argued that the readjustment granted by the city hall would not be acceptable after irregularities were found in the justice system. “The tariff readjustment reveals a much higher variation than inflation. From 2012 to 2019, the tariff variation was 146.30%, while the accumulated IGP-M [General Market Price Index] for the period was only 49.26%, the IPCA [National Index of Broad Consumer Prices] 49.06% and Savings of 55,31%”, wrote the adviser. After 12 days, the decision was suspended so that the parties could formalize a Management Adjustment Term (TAG).
