2023-11-27 19:00:00
The Federal Supreme Court rejected, by a majority of the panel, an appeal from the Legislative Assembly of Rio de Janeiro that sought to reverse the declaration of unconstitutionality of a law that forced operators to guarantee internet signal in underground passages, such as tunnels and subways.
The idea of the appeal was to try to revive State Law 9,925/2022, annulled in October this year, following the National Association of Cellular Operators, Acel, alleged that the legislation invaded the Union’s competence — an argument then accepted by the STF.
The reporting minister, Alexandre de Moraes, explained that the Supreme Court had already established that the relationship between users and public service concessionaires must be regulated by the legislation of the granting entity. He also highlighted that states cannot create rules that affect the contractual balance between federal power and concessionaires.
In response to the Legislative Assembly’s embargoes for declaration, Moraes rejected the appeal, stating that the state law went beyond the consumer relationship by interfering in aspects regulated by telecommunications services legislation. This includes regulating access to the network and imposing technical adjustments that impact the concession contract between the company and the Public Authority, in this case, the Union.
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