A group of twenty-four state deputies filed a class action lawsuit in Federal Court on Monday, February 2nd, seeking to suspend the implementation of the "free flow" electronic toll system in Lot 4 of the Paraná highway concessions. The lawsuit is filed against the National Land Transport Agency (ANTT), the Federal Government, and the PR Infrastructure Consortium, the concessionaire responsible for the stretch.
In the lawsuit, the deputies question legal points regarding the implementation of the "free flow" electronic toll collection system, inconsistencies during the bidding process, and denounce decisions by the ANTT (National Agency for Land Transport) that, according to the parliamentarians, only serve the interests of the concessionaires and not the population impacted by the tolls. The Public Action was an initiative of deputies Evandro Araújo, Luiz Claudio Romanelli, Tercílio Turini, and Delegado Jacovós, and gained the co-authorship of several other deputies.
One of the main points questioned by the deputies in the lawsuit is that the possibility of charging the full toll for free flow is illegal and contradicts Federal Law No. 14.157/2021, which regulated the free-flow system in Brazil and is in force. This law states that "the implementation of toll collection for the use of highways through free-flow systems, with the aim of enabling toll payments that are more proportional to the section of the road actually used."
According to the authors, this law makes it clear that "free flow" traffic should adopt a charge per kilometer driven and not a fixed fare, as the concessionaires intend to implement.
Another relevant point in the action is an official response from ANTT, following a request for information made by deputies Evandro Araújo and Tercílio Turini, stating that the free flow system in Lot 4 does not yet have the necessary prior authorizations for its operation, such as the prior submission of technical studies to ANTT.
“This is an important part of the action, because if there is no prior authorization from ANTT, as foreseen in the bidding process documentation, why is the concessionaire installing gantries even before the start of operations? Even the installation of electronic gantries, as is happening now, would require prior studies to ensure the economic and financial balance of the contract and demonstrate its advantageousness. And, according to ANTT's response, this has not been done so far either,” Araújo warned.
During his speech at the plenary session, Araújo also denounced an alteration on the ANTT's official website regarding the concept of free flow, which, according to him, was made intentionally to benefit the narrative that concessionaires can charge full fares under this model. With images of the alterations made, the deputy stated that he had drawn up a notarized document, and this is also part of the Public Action lawsuit.
“Following the widespread protests that Paraná has been carrying out against 'free flow' with full fares, ANTT, instead of serving the public interest, changed on its website a definition that the system would be based on proportional use of the road to one based solely on road use. This is a blatant attempt to place private interests above the interests of the community, of the users, in line with what we have been demanding on this issue,” Araújo added.
In addition to these points, the Public Action also anticipates the possibility of systematic default by users, a situation that could compromise the economic and financial balance of the contract. Given this scenario, the deputies request an injunction to suspend the implementation of the system and any charges in their current form, until there is full compliance with Federal Law No. 14.157/2021 and the contractual rules.
“What we are doing is seeking a court decision to ensure justice. We have had many disappointments regarding this issue in the past, but we hope that the judiciary will evaluate this action with responsibility and commitment to the public interest. We will also analyze this same situation in other lots where gantries are being installed under the same conditions,” stated Romanelli.
Second action
Later this week, the deputies are expected to file another class action lawsuit, this time regarding an addendum made by the concessionaire, also EPR, concerning the southwest region of Paraná. “They are installing electronic gantries through an addendum that ANTT (National Agency for Land Transport) granted illegally. The contract does not provide for electronic gantries, and the concessionaire, disregarding the bidding rules and the contract itself, is making a completely illegal addendum,” said Romanelli.
“This is the second lawsuit against EPR, regarding lot 6. And we will file others related to all those who intend to install electronic gantries. The contract stipulates the implementation of the free flow system by the third and fifth years of the concessions, but only after a comprehensive study to assess its advantages. Advantages not only for the concessionaire, but fundamentally for the highway user,” he added.
Understand the case
The controversy surrounding the implementation of electronic tolls (free flow) gained traction after the installation of toll gantries began in the North and Northwest regions of the state, in lots 4 and 5 of the new highway concessions. The possibility of charging the full toll within the concessioned sections has generated concern among residents, community leaders, and municipal representatives.
The issue has mobilized city councilors, mayors, and the community in general, who see in this type of toll, if applied disproportionately, a potential economic impact and harm to regional development, especially for those who depend on short and frequent commutes.
Source: Aleppo
