COMISSÃO DE VIAÇÃO E TRANSPORTES

. Well, guys, so, again, good morning to all. We'll start the topic It's probably the most hot one. this morning, which is the minimum of the frete and I would like to present a presentation what happened to innovation what a provisory is 1343, why it happened? as regulations of the agency two resolutions, one that talks about the majoring of penalties and the other that talks about the CIOTE, and try to give some brief explanations to all of you. on the question It was very much reported, Well, the agency started a fiscalization of from outubro of last year. We already started to do fiscalization, but our fiscalization was practically of the roadway, roadway, roadway, with the capacity of the fiscalization that we have, that is reduced, of servidores to do this fiscalization. and mas At the beginning of the year, we had a very important movement of the autonomous transport. by the effect of a public policy, a law, that is 13703 because in 2018 they had this legislation has conquered and in practice, not seen the transfer of the minimum and the for the category. . Thank you. With this scenario, we saw that there was a intensification in the first time. The transportors wanted, at that time, that the NTT had a fiscalization electronic, the transportors would want us to have a physicalization electronic, with a travel of tax documents, And at the time we brought it, we said: "Look, this is a construction that we can't do from the day to the night. There is a process of adaptation the adaptation of the tax documents In fact, there were already these camps, those who are now previstas to observe the minimum speed And after this period we started a fiscalization of electronic piso minimum of frete. So with this initialization, We got there... the janeiro with some millions of altos of inflazoned for the minimum price of the minimum price. This was a sign that worried both the agency and the same sector and even the own autónomos, because what we observed was that, There are reiterated the loss of the cost of the inflation, reiterated as multas, the conduct of the non-observance of the piso was not being stopped. It's a question of the mercadological, etc. the autónomos came back to have a very important mobilization in special, related to the area portals. So, the people... in the area of the hospital, in special, in Santos, etc., and with the addition of other entities. to be able to strengthen their vindication, and that the measures and punitive/coercitive more effective. With this, the government launched the Provisory 1343 Now I'm going to ask for, please, to... The second slide, please. Thank you. - Okay. Thank you. a keep brought some new features. And there we do a comparison of what existed Antes... the provisory and what happened after the provisory provisory. the autos that we had before the provisor was practically the issue of two times the value, the difference between the minimum price and the price really paid, limit to 10.500 reais per infraction. I need to see, even with this is a relatively small value because it would be a difference We reached some sectors with a large amount of passivos in altos of infancy. This worried us and also the sector as a whole. I think everyone had this process I of adequation, interpretation, understanding of the new reality, although it's a a law of 2018, but there was a process a very quick adequacy, even because of the with this type. Thank you. Another aspect is that we saw our We had practically our part, almost like all the legislation, based on auto-infraption. There was a issue of auto-infraption by the anunciant, which was a little bit fixed, of 4.975,000 per annum. Okay. Thank you. And And we had the issue of CIOT, as we always had to do CIOOT, the issue of the payment or equaled, linked to this type of contract. Amen. With this movement, and one of the main recommendations of the sector, and we understood is that, in a certain way, and then they leave a So, a explanation for the President Wander It's not a suspension of COT, but I'll explain a little bit better. How a preventive fiscalization and the possibility of using the CIOTE there in the origin with the adaptions and improvements that we've been putting in the system. When we started using MDFE, it was very... is effective from the point of view of the fiscalization but even with it, there were some points where we had difficulty accessing, for example, to make it clear to the transportor what was the criteria we were using. For example, what was the distance? What was the distance percorrida? How is it considered a municipality of origin, a municipality of destination, where will be a charge, what are the types of charge, how is it declared that it is high desempenho or not? All these points we internalized. is in this proposal, for all transport operations And we also sought to, in a certain way, Q that our action from the NTT is not just a action of simply being sold. because, in the end, what we were seeing was not advancing a fiscalization Infrance in the end of the auto diflase, in many cases with the intention of the Embarcador in paying correctly and, sometimes with a wrong declaration, because the complex of the system is and the transition that occurred. Thank you. So we made the adjustments in the CIOTE. I also have a request for the autónomos to be a pre-fiscalization, already in the emissary. and with the following technical aspect of the agency. We read that the moment not generate anxiotic, not means that the transportor will be penalized. We give them information about why the price is inferior. to ensure the adjustment. So we will say, for example, what is the parameter that is inferior, if the distance is okay or not. how they should inform. So, in some way, this brings a Educativo. for the contractors that inibiu a penalidade só por or a failure or a bad interpretation the form of the pre-chip Thank you. and it's going to have a priority for those who don't declare it. So I know that the operation is below the floor and they don't declare and realize a transport operation. as other penalties continue to exist despite all this but this is what becomes it becomes more relevant. As a measure, the professor brought a lot more heavy rate of inflation, as you can see there, in case of for a $1 million or $10 million, for the operator and here it brings a great attitude, obviously, could reach a million dollars to the platforms that maintain residence and offer. application of the court-sumption for the transport that and a no mínimo 3 infrações e alcance a notificação then no minimum It's 50.000, and application of the court-sumption "Tentaram evitar". What we see in practice that has potential to happen is, after the entry in the Vigor Can you pass, please, to the next slide? What we see that has potential to happen after the structure of the short for all, is that the expenses tend to decrease. even because it will be a prior to the information that we are considering and with response by message, as it is a service. that we consider that is outside the parking lot, or the type of cargo, or the rate of the freight, or the distance informally. One of the big requests of the sector was that there was a possibility of declaring uh, the distance percorrida So we are in the way to do this. And we were worried, although they were applied to all operations, and here is a explanation, why they were applied to all operations? Because in the practice we saw that many, to avoid a eventual fiscalization of the PISU-BIMO, started to divide the fiscal document to appear that it was a fraction of the weight, etc., and maybe be able to escape from a agency's action. In principle we will have three types of declarations. do CIOTE the which is practically the standard Operação fracionada. and the operation is here. And then we believe that with this we will have It's a possibility to understand better the market, to understand better, even more operations that were being passed by or not, to understand if they were really fraccionated operations. or if it's a tentative, for example, not have a physicalization of minimum piso frete. - Thank you. In our resolution, we brought clear the issue of obligation, of which is the obligation to emit the CIOTE. And then, when it's TAC or equiped This declaration has to happen via IPF, or IP, excuse me, IP, today. unit with NTT, or authorized with NTT to generate a CIOHT a the question of the payment. There is a legalization, the 5A, that talks about this issue, the 11442, that to maintain the control of the payment of the electronic system, we remain to be equipped by the company, but companies, for operation in which it is own transport, let's say, companies being hired directly and not equipped by the company, she will be able directly into our system. We already have the available documentations for integration so that we can get Another aspect that we have here is the question of linking to MDFE. So Is there a obligation to connect with MDFE when it is cabível? Or, in operations where it is obligatory to be emissed of MDFE? is obligatory to the respective CIOHT, this was approved by the ajuste CINIEF, We'll reinforce the issue of the free card and explain the issue of the automatic block. And here it is not a block of the right or much less autumnal. but a validating prior to the transport operation. So, practically, we will have... Next slide please. We will have the the new resolution. A partir do dia... 24 de maio, que a gente fecha os 60 dias ali for the integration of everyone. *cough* And then the penalty are those that were already prevailed in the provisor. and in the resolution 6077, and more the CIOT, if not emit, in the case in which there is Right? Prosmo, por favor. I'm going to bring a little bit here about the escalation of the ... The first point in specific is that the TAC is not being held by the descalvination of the parking lot. So, the second point is: and the normalcyon still exists, which is exactly this, two times the difference, from $550 to $10.500. When there is a reiteration, what does this reiteration mean? If he has more than three autuctions in six months, And then comes the escalon. and the total of the value of "Autos de Infração Notificados" for a court. A partir de 50 mil, segue essa gradação de... and the suspension of the RNTRC in case contract. Thank you. comes the question of the incidence, and here it is a little different from the reiterated practice, it says the practice of new infrasation in a period of 12 months after between aspas, "tapesol". or, administrative, or, administrative, He's been in all states the transportor a I think that a incident, so he is definitely condemned to a auto Second, the agency It will notify transportador para que se ocorrerem is, from the notification, and the issue of the tax, that we are talking about. in some cases, we can get a suspension of the RNTRC and the most value. The next one, please. Thank you. Ah, one aspect that I forgot to mention, Okay? A suspensão do RNTC, ele vai acontecer... when in a period of 12 months sorry, reincidência na suspensão pode chegar ao cancelamento se em um período de 12 meses ele tiver uma suspensão and new suspension. or It's a situation that is difficult to happen but that demonstrate a reiterated practice of conduct, in view that we, to get to a suspension, will not be notified before this happens. - Thank you. Slide ok. Next, please. Thank you. Thank you. Well, it's a new thing here that we have, we also had the issue of intensificar as possíveis to digital platforms, which is a problem for the autonome and very difficult to be in some aspects which is a offer of an announcement a below the minimum. So, it's prevailing a multa of even $1 billion. for cases of reiterated descumpriment or not observance of eventual solicitation of annunciations after the notification of the agency. and, for example, getting a suspension, if it's incident in 90 days, for example. . Next, please. The procedure also brings the change of the change that changes and the change that changes. No fim, the TAC is not punished. We are talking about the CIOTE, it's an instrument obligatory and vinculatory to MDFE, and he will also have a preventive criteria. This remains the issue of the bank account free, to the TAC, by observing the same things that already were. And it's what we already said, the TAC has the right to recuse, even if we know the difficulties, a low-level price of the minimum price. Next, please. Well, I think here we have a measure of the provisor, It brings a much greater risk of fiscalization. In fact, it doesn't bring it, it's a reforcer, I will be able to pay and other common elements. And in the last line, the procedure provisory comes to the eventual question of responsibility of the social or even of the economic group that brings this possibility. Próximo. Here, a little bit of time, is what we are seeing, was published the provisory of the day 19, the 25th of the resolution of the NTT 6077 and 6078, and as a us prior to this resolution bar legislação, they don't count for the fines of the major and suspension, etc. And what we have put up until 24th of March, in the period of implementation and homology of the CIOHT for all of us, they were becoming and a partir desta data. And The approval of the penalty will be made by the President of the Fiscalization in the first day of each month. When they closed the month, the first day the Superintendents will do the closing so that we can do a grading in which possible penalties there will be a But as I said, I believe that with all these measures and a preventive fiscalization, the tendency is to the amount of high inflation. Thank you. Yeah. Conclued. - Okay. Our thanks to the Senator.