STF Overturns São Paulo Law, Rules Cities Cannot Ban Mototaxi Services

Overview

• The Supreme Federal Court struck down State Law No. 18.156/2025 and kept it suspended, with a majority following relator Alexandre de Moraes’s view that the statute usurped the Union’s competence.
• The Court affirmed that municipalities may regulate and supervise mototaxi activity but lack power to prohibit the service, aligning with prior precedents on app-based transport.
• São Paulo now faces a short window to issue local regulations after a 90‑day period set by the state court, with reporting placing the deadline in early December before service fully resumes in the capital.
• Mayor Ricardo Nunes criticized the ruling as lacking sensitivity to road-safety risks, cited motorcycle fatality figures, and said he will press Congress to advance an urgent bill by Deputy Maurício Neves to set national safety rules.
• Industry group Amobitec, representing platforms such as Uber and 99, welcomed the decision as legal certainty nationwide, while the case reached the STF through an ADI filed by the Confederação Nacional dos Serviços.