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Majority of the STF maintains free passage for low-income youth

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The Federal Supreme Court (STF) formed today (16) a majority of votes to confirm the validity of the device of Law nº 12.852/13, known as the Youth Statute. The norm guaranteed the gratuity of two places on interstate buses for low-income young people.

Action against the law was filed in 2017 by the Brazilian Association of Land Passenger Transport Companies. Among the arguments presented, the entity claimed that gratuity causes economic imbalance in the authorization contracts for the operation of the lines and does not provide for reimbursement to the private public service provider for the charges imposed by law.

According to article 32 of Law nº 12.852/13, the interstate public transport system must reserve two free spaces per vehicle for low-income youth and two more spaces with a 50% discount for the same public.

So far, the score of the judgment is 6 to 0 and the vote of Minister Luiz Fux, rapporteur of the process, prevails. According to the minister, the article is constitutional because it is an implicit fundamental right.

“The reservation of free and low-priced spaces for low-income youth does not imply a disproportionate burden on the public service concessionaires of interstate collective passenger transport,” he said.

The rapporteur’s vote was followed by Justices André Mendonça, Nunes Marques, Edson Fachin, Alexandre de Moraes and Cármen Lúcia.

After the demonstrations, the session was suspended and will resume tomorrow (17). The plenary is formed by 11 ministers.

Translated to english by RJ983

From Brazil, by EBC News

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