Class action on behalf of disabled people

Publicado em 09 Setembro 2014.

 

The Public Law Chamber of São Paulo State Court kept the 1st instance judgment, which condemned the permittee of public transport to fit the entire bus fleet into accessibility standards, in exact accordance with the request of the prosecution.

The conviction is the result of class action filed by the District Attorney Eloy Ojea Gomes with the aim of forcing the permittee of public transport to reserve two spaces for wheelchair users own the buses that circulate in Vicente de Carvalho, as well as preferred seating for two people not wheelchair disability, and wheelchair lifts to install themselves on all buses in circulation in the city, all in proportion of 20% every three years, reaching 100% in 15 years, under penalty of a daily fine.

The action was upheld at first instance, but the company appealed, and on June 17, the 12th Public Law Chamber of the Court of Justice confirmed the decision. In his opinion, Judge Paula Ribeiro, rapporteur writes that "transportation is not only used for shifting the work, but leisure activities to medical treatment, etc". The Rapporteur stressed that "this right does not materialize just by placing adapted buses available to holders of disabled persons (access to public transport), but also by favoring conditions of acquisition means for individual transport, ie, for adapted vehicles. Ideally democratic, consistent solution in the existence of regular buses with lifts for wheelchair ".

To dismiss the action, the TJ reported that the imposition of daily fine imposed has not been established for enrichment of the plaintiff, but in case of breach of the obligation and established only in case of failure to comply with a court order, so that nothing will happen if the obligation is performed.

The justices Eutálio Port, Berthe Marcelo Tavares and Maria Laura also participated in the trial. By prosecutors acted on appeal the Ombudsman Marco Antonio Zanelatto.

Source: Public Ministry of the State of São Paulo

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Conselho Editorial

Dr. Carlos Alberto Molinaro
(PUCRS)
Dra. Elaine Harzheim Macedo
(PUCRS)
Dr. Humberto Dalla Bernardina Pinho (UERJ/UNESA)
Dr. Sérgio Cruz Arenhart
(UFPR)
Dr. Daniel Mitidiero
(UFRGS)
Dr. Fredie Didier Júnior
(UFBA)
Dr. Lúcio Delfino
(UNIUBE)

 Dr. Antonio Gidi

(Syracuse University College of Law - EUA)

Dr. Darci Guimarães Ribeiro
(Unisinos)
Dr. Gilberto Sturmer
(PUCRS)
Dr. Marco Felix Jobim
(PUCRS)