巴西最高法院放行Buser恢复运营，中资出行平台可参考合规路径

Supreme Federal Court Justice Kassio Nunes Marques has authorized collaborative bus travel company Buser to operate in the state of Paraná, restoring the platform’s operations there. The decision, published on July 17, suspended a lower federal court ruling that had barred the company from operating until specific regulations were enacted. The matter is expected to be reviewed by the top court en banc. In his ruling, Nunes Marques said Buser’s business model is protected by the constitutional principles of free enterprise and free competition, and that preventing the company from operating before the Supreme Court reaches a final decision could harm both the company and its users. He concluded that the absence of specific regulation should not, by itself, be sufficient grounds to prohibit the activity. According to the justice, Buser acts as a technological intermediary between passengers and charter bus operators that are authorized by Brazil’s National Land Transport Agency (ANTT) to provide interstate collective transportation services. He said the company merely provides a platform that organizes the service, similar to platforms such as Uber and 99. Justice Nunes Marques also cited the Court’s 2019 ruling on ride-hailing apps, in which the court held that municipalities could not restrict the operation of individual passenger transportation platforms. The justice further argued that opening the interstate road transportation market to new companies promotes competition in a relevant sector and that innovation should receive judicial protection. “From this perspective, it is not compatible with the constitutional and legal order to condition private innovation on the prior enactment of specific regulatory rules. A different understanding would transform the absence of regulation into a genuine obstacle to technological development and free enterprise, in direct contradiction to the logic adopted by the legal system,” he stated. The case was brought by the Federation of Passenger Transport Companies of the States of Paraná and Santa Catarina (Fepasc), which challenges the legality of Buser’s collaborative charter model. The federation argues that the platform provides transportation services irregularly and differs from companies operating under regular route concessions. The Federal Regional Court of the 4th Region had ordered the suspension of Buser’s trips in Paraná until a specific regulatory framework for the platform’s activities was established, and that decision was upheld by the Superior Court of Justice (STJ). In a statement sent to Valor, Buser’s legal director, Giovanni Ravagnani, said the ruling confirms the company’s argument that “the absence of specific regulation cannot be used to prohibit a lawful economic activity” and recognizes that maintaining the ban could undermine legal certainty and investments in innovation in Brazil. Ravagnani also said the decision has a positive impact on passengers who rely on the platform for transportation. According to the justice, Nunes Marques Buser’s business model is protected by the constitutional principles of free enterprise and free competition Divulgação