Anuário Brasileiro do Setor de Locação de Veículos | 2018

116 Anuário Brasileiro do Setor de Locação de Veículos Brazilian Vehicle Rental Sector Yearbook 2018 JURÍDICO | LEGAL Legal decisions that most impact the rental sector T he main legislative change of the year was labor reform, in Law 13,467/2017. Although it is not specific to the vehicle rental industry, the new legislation will in the long term improve the business environment and create jobs in rental companies, says Adriano Castro, a lawyer and coordinator of the IV Legal Forum for the Vehicle Rental Industry. The Labor Affairs Commission at the National Transport Confederation (CAT- CNT), where ABLA and FENALOC are represented, had seven contributions accepted and incorporated into the final wording of Law 13,467/2017. “Labor reform can be considered a victory obtained with participation of the main entities from the rental sector,” says Castro. Supplementary Law 157/2016 - which came into force on 01/01/2018 - changed the ISSQN rate for financial leasing operations. There was a modification of the active subject for ISSQN, which ceased to be the municipality where the company is established and became the municipality where the renter is. “That surprised the rental companies because it increased tax,” says the lawyer. In traffic issues, the change of greatest interest was Law 13,495 / 2017, which introduced the possibility of the owner of the vehicle nominating the main driver, facilitating the handling of the document processing to identify errant drivers, says Castro. In addition, as far as the fight against fraud is concerned, there have been two long-awaited changes to help rental companies. The first is that the new driving licenses have a QR Code that allows faster and more accurate information checking. And the electronic license (CNH-e) makes it possible to check the driver’s data and photograph. It is important to remember that ABLA and FENALOC have a seat in the Legal Effort Chamber at the National Traffic Council (CTEL-CONTRAN). “Many of the proposals above were discussed there before CONTRAN’s approval,” says Castro. In the legal sphere, the best known issue was the decision by the Superior Tribunal on choice of legal jurisdiction, established in article 100, V, sole paragraph of the CPC of 1973 (art. 53, V, of the current CPC), which does not benefit rental companies, in repairing damage caused in accidents involving the renter. “It is a defeat, no doubt, by increasing operating costs for rental companies, requiring them to mount a defense in any of the jurisdictions in Brazil,” says Castro. Another important issue was the decision by the Court in Minas Gerais which ruled as partially unconstitutional the municipal law that implied restrictions on drivers using apps to use cars as taxis. This is the first plenary decision by a state court, guaranteeing free enterprise and access to Transportation Network Companies. “The decision will be a precedent in similar cases throughout the country,” says Castro. Meanwhile, DENATRAN implemented the new National Registration of Taxes system (RENAGRAV), to record financial problems in the Vehicle Registration Certificate. However, in several states, DETRAN saw the regulatory change as an opportunity for cash generation and increased the cost of the public service. In Minas Gerais, for example, the final cost of recording financial charges was increased, without any technical study, to R$ 317.98, quadrupling the cost. Last but not least, the decision in which the Court found the Superior Tribunal’s Summary 492 inapplicable to administrative contracts was also very significant (TRF/1 AC 0002228-95.2010.4.01.3309/BA, e-DJF1 de 30/06/2017). ABLA and FENALOC are part of the Legal Effort Chamber at the National Traffic Council and have discussed several proposals approved by CONTRAN