Post by xyz2900 on Feb 11, 2024 9:42:11 GMT
The Federal Supreme Court returns to judge this Thursday (11/17) the action in which the Correios monopoly on postal services is discussed. The trial of the Argument of Non-compliance with Fundamental Precepts (ADPF 46) was suspended on June 15 due to a request for review by Minister Joaquim Barbosa. In the action, Abraed — Brazilian Association of Distribution Companies defends the right of private institutions to enter the market segment monopolized by ECT — Brazilian Post and Telegraph Company. The association maintains that the postal service is an economic activity and cannot be subject to state monopoly as it violates the fundamental precepts of free enterprise (article 1, IV of the Constitution), freedom to carry out any work (article 5, XIII) , free competition (article 170, IV) and the free exercise of any economic activity (article 170, sole paragraph).
More than that, we are talking about a market that, according to data from Abraed, in 2004, had a turnover of R$8 billion. Correios' annual revenue recorded around R$7.6 billion. If the STF decides in favor of the monopoly, the entity assesses losses for around 15 thousand Belize Email List companies in the sector, which generate more than 1 million jobs. Minister Marco Aurélio, rapporteur of the action, understood that Law 6,538/78 — especially articles 9 and 27 — which established the monopoly of postal activity in Brazil, was not accepted by the current Federal Constitution. He assessed that preserving the public interest is not always synonymous with state action.
On the contrary, what experience has shown is that, in many cases, the social interest is best served when the State withdraws from direct provision and starts to act in another way, as an entity capable of regulating, supervising and imposing sanctions of in accordance with the dictates of article 174 of the CF and frees economic activity to its true owners, the private sector”, the minister went on to say. The divergence was initiated by Eros Grau, for whom the postal service is “a public service by constitutional definition”. In the dissenting vote, Grau pointed out that such a service is not an economic activity in the strict sense to be explored by a private company. “That’s why all the arguments around free enterprise and free competition end up falling flat, losing their meaning,” he said.
More than that, we are talking about a market that, according to data from Abraed, in 2004, had a turnover of R$8 billion. Correios' annual revenue recorded around R$7.6 billion. If the STF decides in favor of the monopoly, the entity assesses losses for around 15 thousand Belize Email List companies in the sector, which generate more than 1 million jobs. Minister Marco Aurélio, rapporteur of the action, understood that Law 6,538/78 — especially articles 9 and 27 — which established the monopoly of postal activity in Brazil, was not accepted by the current Federal Constitution. He assessed that preserving the public interest is not always synonymous with state action.
On the contrary, what experience has shown is that, in many cases, the social interest is best served when the State withdraws from direct provision and starts to act in another way, as an entity capable of regulating, supervising and imposing sanctions of in accordance with the dictates of article 174 of the CF and frees economic activity to its true owners, the private sector”, the minister went on to say. The divergence was initiated by Eros Grau, for whom the postal service is “a public service by constitutional definition”. In the dissenting vote, Grau pointed out that such a service is not an economic activity in the strict sense to be explored by a private company. “That’s why all the arguments around free enterprise and free competition end up falling flat, losing their meaning,” he said.