He mentioned the understanding reached by the Supreme Court in Theme 854 of general repercussion: "Except in duly proven exceptional situations, public public transport service presupposes prior bidding". For the minister, there is no exceptionality in interstate and international public passenger transport to justify the exemption from bidding. Favoring companies The authors of the two direct actions of unconstitutionality, the Attorney General's Office and the National Association of Road Passenger Transport Companies (Anatrip), argued that the provision of public services must be carried out directly by the public authorities or through concession or permission, never by authorization, and always through bidding. They also maintain that the authorization model may favor companies that already operate such services and does not guarantee consumer protection.Criminal The status of drug 'mule' does not, in itself, rule out the possibility of applying the privileged trafficking reduction, as the figure of drug transporter does not automatically lead to the conclusion that the agent integrates, in a stable and permanent, criminal organization.
Pixel-shot.com/Freepik Pixel-shot.com/Freepik Drug transport is not necessarily linked to organized crime, TJ understands Based on this understanding, the 13th Criminal Law Chamber of the São Paulo Court of Justice recognized the role of privileged trafficking in the case of a woman who took around 2kg of cocaine to Ilhéus (BA). The decision was unanimous. According to the records, the Federal Highway Police carried out a routine inspection on a bus going from São Paulo to Itabuna (BA), when they found two coca Vietnam WhatsApp Number ine tablets under the defendant's seat. She confessed that she was approached by an acquaintance of her cousin, who offered her R$1,000 to transport the drugs to Bahia. The woman was reported and convicted in the first instance of drug trafficking. At TJ-SP, the rapporteur, judge Marcelo Semer, said that all the evidence proved to be sufficient to convict the defendant, but considered that the conduct fell within the scope of privileged trafficking (article 33, §4, Drug Law ). "The defendant is primary, has no bad record, and there is no proof that she is involved in criminal activity or is part of an organization or association for drug trafficking.
During her interrogation, she admitted the crime, confirming the reports of the police officers who approached her. She said It was the first time he was involved with drugs and he only agreed to transport the drugs because he needed money, which characterizes, in my opinion, the figure of the neophyte and occasional drug dealer", he said. For the judge, there are no safe elements that point to habituality, making it appropriate to apply the reduction factor. Semer recalled that the STJ has already understood that the status of drug 'mule' does not in itself rule out the possibility of applying the minor, "since the figure of drug transporter does not automatically lead to the conclusion that the agent is a stable and permanent member of a criminal organization". The rapporteur also stated that the quantity of drugs, although significant, does not constitute sufficient proof of dedication to criminal activity on a habitual basis or of participation in an organization or association for trafficking, especially considering the context in which they were located and the primacy of the accused .