巴西最低运费法案周二闯关，中资物流企业需警惕罢工风险

Guilherme Boulos Maira Erlich/Bloomberg Determined to prevent potential supply disruptions just months before the elections, President Lula’s government aims for Congress to approve legislation on minimum freight rates by Tuesday, even if no agreement is reached with the Senate. The administration has already told party leaders that its primary concern is a clause added by the Lower House that grants amnesty to truckers fined for participating in highway blockades following Jair Bolsonaro’s 2022 election defeat. The administration plans to veto this section. Should Congress override the veto, the government intends to challenge the veto in the Supreme Court, a move that could still allow the legislation to become law before it lapses. Boulos opens talks with truck drivers in bid to ease tensions Brazil weighs up to R$20bn to expand truck renewal program Officials at the presidential palace believe that approval of the measure is essential to avert a truckers’ strike. The government’s assessment is that, even if Congress bears greater responsibility because the legislation expires on Thursday, containing the consequences of any disruption would be difficult. Government leaders therefore spent Monday in talks with congressional leaders in an effort to secure support for the measure. The administration is particularly concerned about the impact a truckers’ strike could have on the economy and consumers, especially food prices. Since the beginning of the year, the government has closely monitored food inflation, viewing it as a politically sensitive issue that could undermine Lula’s re-election campaign. The government is therefore already working on the assumption that no agreement will be reached on the amnesty provision but is prepared to move ahead with the vote regardless. The disputed language states that “all fines imposed on freight carriers, whether individuals or companies, and on drivers penalized for participating in demonstrations, road blockades, or related acts anywhere in Brazil during 2022 shall be annulled.” The government is expected to seek a separate vote to remove the provision. Even if that effort fails, it will continue to support the bill’s passage on the understanding that Lula will veto the amnesty. If Congress overturns the veto, the administration plans to litigate the issue before the Supreme Court. Guilherme Boulos, the minister in charge of the Presidential Secretariat-General, told Valor that the measure is expected to be approved on Tuesday. In recent months, Boulos has held meetings with truckers’ representatives to maintain dialogue and gauge sentiment within the sector. His ministry oversees the government’s relations with social movements. The measure was announced in March by then-Transport Minister Renan Filho to strengthen enforcement of Brazil’s minimum freight rate policy and to increase penalties for violations. It came amid truckers’ threats to strike as diesel prices rose and tensions in the Middle East mounted. The government is now monitoring truckers’ mobilization nationwide and believes the movement will lose momentum once Congress approves the measure. The Lower House approved the proposal in June after an agreement between the government and truckers. During the floor vote, lawmakers from the Workers’ Party (PT), the Communist Party of Brazil (PCdoB), and the Green Party (PV) sought to remove the amnesty provision through a separate vote, but the effort was defeated. As approved by the Lower House, the measure would cancel fines imposed through judicial or administrative decisions, as well as civil and administrative penalties. According to Congressman Zé Trovão of the Liberal Party (PL), the bill’s rapporteur, the amnesty was a non-negotiable demand from truckers. The proposal would also cancel fines already registered as public debt and suspend ongoing collection proceedings. On Monday, Randolfe Rodrigues, the government’s leader in Congress, confirmed that the administration intends to veto the amnesty provision. “I believe we have reached a good agreement for the vote. I will communicate that agreement to Senate President Davi Alcolumbre, and we expect to bring the measure to the floor tomorrow. That provision will certainly be vetoed. Since there is no time for the bill to return to the Lower House before it lapses on Thursday, the government’s commitment is that this provision will be vetoed,” Rodrigues said. Another issue that raised concerns within the government and among some private-sector groups was the creation of a national minimum wage for long-haul truck drivers. Zé Trovão added a provision establishing a monthly minimum salary of R$5,000 for drivers employed in Brazil’s freight transport sector who remain away from their company’s premises or their homes for more than 24 hours. Rodrigues said an agreement had been reached that a provisional executive order is not the appropriate legal instrument to set the value of a national wage floor for truck drivers. Senators are therefore expected to amend the bill to establish only the existence of a wage floor, leaving the executive branch to determine its value. “Specifically regarding the amount of the wage floor, we agreed to preserve the concept while adjusting the amount. Supreme Court case law makes clear that Congress cannot establish wage floors through ordinary legislation. We have an agreement with the truckers on this point as well. So we can create the wage floor without necessarily setting its value,” Rodrigues told reporters after the meeting. He also said the Senate’s changes would be drafted as technical amendments that would not alter the bill’s substance, avoiding the need to send it back to the Lower House. Senate President Alcolumbre has not yet scheduled the measure for a floor vote because lawmakers have not reached agreement on its contents.