On Tuesday (19), a Direct Unconstitutionality Action (ADI) was filed to prevent the confiscation of millions of reais of credits from the transport card of users of the Curitiba bus system after the expiration of one year. The ADI was filed by state deputy Goura (PDT), with the Court of Justice of Paraná (TJ-PR), with a precautionary request for suspension of municipal laws, executive branch decrees that determine the statute of limitations.
In an official letter from Councilor Professor Euler (PSD), asking the City of Curitiba for explanations about the confiscation, it is explained that it occurs through Law No. 12,597/2008 and Decree No. 649/2014. The city hall informed that more than 11 million reais (R$ 11,124,795.74) have been effectively confiscated and that almost 44 million reais (R$ 43,855,690.64) have expired, with a withdrawal schedule.
“The user loses his money just for not using the credit immediately and without any consideration for service. We want to prevent this from continuing to happen and guarantee the rights of users of the transport system”, explained Goura.
Under current legislation, the amounts confiscated from the paying user are destined to the Curitiba Urbanization Fund (FUC). However, legislative proposal No. 005.00087.2021, initiated by the Chief Executive, which amends the FUC Law, is being processed at the City Council.
The proposal aims to include an article in the FUC Law with the following terms: “Art. 2-A. The inflows of financial resources into the Urbanization Fund of Curitiba from the collection of the tariff charged to users of urban public transport and the product from the sale of transport vouchers do not constitute revenue from the Urbanization Fund of Curitiba, and must be transferred to public transport operators in compliance with the governing contracts. “
“In other words, what is intended is to confiscate the user’s money and transfer it to public transport operators, other private people. Money that shouldn’t even have been confiscated in the first place”, denounced Goura.
The Urbanização de Curitiba (Urbs) reported that “The prescription [dos créditos] is validated by the Consumer Defense Code and is part of the current legislation of the municipality.”
Source: BoF Paraná
Edition: Lia Bianchini