AGU defends maintenance of fines for companies due to truck drivers’ strike
After the Federal Supreme Court suspended the fines imposed due to the truck drivers' strike in May, the Union's attorney general, Grace Mendonça, sent a statement to the court on Monday night (10/9) in which she defends the regularity of the penalties imposed on the 151 companies that failed to comply with a court order to clear roads.
In the document, Grace requests the continuation of the process of executing the fines imposed on offenders “who are unable to present conclusive information that demonstrates just cause for non-compliance with the precautionary decision”.
She also defends all the procedures B2B Lead adopted until the penalties were applied and recalls that the measure was necessary given the damage caused to the “normality of Brazilian social life”, to the point of compromising the operational capacity of airports, hospitals and water treatment.
“Rarely has it been seen that, as a result of the abuse of the rights of some, such an exasperating situation of violation of the rights of others has been created”, highlights the AGU.
The document considers, however, that “specific circumstances”, provided they are proven, may be considered to exclude or mitigate the liability of some of the legal entities fined for having their vehicles caught in critical obstruction points on public highways.
The petition was presented 11 days after a conciliation hearing at the AGU in which entities representing transport companies and fined companies requested a reduction in the value of the fines applied.
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STF Minister Luiz Fux maintained the suspension of all legal proceedings against freight pricing in the country, until there is a court decision on the matter. After holding the third hearing between businesspeople and truck drivers, in an attempt to reach an agreement, Fux decided to take the issue to the Plenary, to be decided by all ministers. The minister did not give a date, but stated that this will happen soon.
According to the proposal presented by the companies, the amount charged to each company would decrease from R$100,000 per hour to R$10,000 per day for non-compliance with the decision, with the guarantee that they would not foment or encourage new wall movements, without, on the other hand , declare themselves responsible for strikes by truck drivers.
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