José Aires Amaral Filho

. 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.

Thank you. Thank you. Thank you. Thank you. Thank you. Good morning to all. I will ask, if you can't, because the Dr. Mark Lorelli gave a overview of everything that happened. But we can... I'm commenting here the pass of pass about the implementation, interpretation and with the veneer, some differences in interpretation with regards to Dr. Marco Aurélio. a And then, very much from the origin. The 11442 had a possibility of the possibility of the Thank you. or the transportor contratar the insurance. So, the beginning and the genesis start from there. o in legal security, in certain circumstances, in which there was a coverage of the seguros, especially the RCTRC and the RCDC, pelo He was a contract, he had options and there are many times there is a a DDR, which was a Carta Dispensary Direction of Regress that this would generate a insecurity for the transport. So, the big point, and different from what Dr. Mark Corelli put here, The only problem was not only the issue of the autonome. There was this problem, yes, in the contractions of companies. So, the sector wanted what? and of contract the transportors, exclusively of the transportors. And Well, I think here we have several embarcadores and transport providers, and representatives. It was a true dispute legislative, so to say, of representation, "puxa it for there, for there, for there, for there, who will be there?" Finally, with good support of the autónomos, that had a desire to have this insurance. and made a approval in Congress that made a contract with the contract of the three seguros. The truth is, the RCV was not in the radar, but he ended up entering a pauta that the autónom considered important, and that, in the legislative process and democratic republic, was one of the criteria that and In the context of the Congress, this is the thesis that would be exclusive to the legislation. I'm sorry, I'm not talking about the presentation because Dr. Marco Aurélio gave an overview. So, different from what and It was like, at the beginning, we didn't have a clear regulation. the law, in the 13th, and then they brought a little bit of the legal and also with the vene a a lei 14 599 it comes posterior to the 1442, obviously. And, in the definition, even though it's not specifically in the article of requisitos ela criou uma obrigação que ela não ressalva He said, "for all the transportors." The issue of reforcing the embarkation is obvious. It's the moment you will have the verbatim and that it will occur and will give cobertura to the embarques. It's a reforce to the necessity. but the contract It was well described there. In a first moment, the agency agreed to a regulation the CNSP Eh... It's exactly the CNSP. We've been waiting for a regulation to try to understand how it would be. At first, our interpretation about the issue of the connection to the RNTRC It was in the sense that he needed to have a RNTRC. Punt. Our first understanding was that we needed to have a RDC to contract. - Thank you. However, when we look at the CNSP, 472 There she does exactly what Dr. Marco Aurélio said, she link the question. a do RNTRC and the condition of active in the R&R C. What is the RNTRC? It's a cadastro obviously, that you know, of those who do transport to the car. the issue of status of being ativo, suspended, pendent, this to the market, including for the embarcadores that are here, means that it can have a registration but for some reason he has to return to the same register, and the register follows him. the status is related to the capacity to do transport. Thank you. When the regulation CNSP brings this issue of being ativo, linked to being at, related to the URNTRC, we said, "point". It interpretation as a whole it It makes clear that this becomes a condition for him to do a transport operation and be able to be able to be able to do it. It doesn't mean that If I have been registered for the RNDRC, for any reason, that he can do it. and if I don't have this cadastro, if I don't get to prove the contract of the insurance, he will have the RDRC, he just doesn't know how to do it. And then we bring other questions that are very related to the legislation, for the case of the autonome transport transport, It leaves very clear the subcontracting, Thank you. and of, for the RC, TRC and RCDC, it's as a preposter. So it's very clear that And for the RCV, it says that it should be contracted for travel. And there is a question of the global policy, which is another possibility that exists, but it says that it should be contracted for travel. when he is hired and directly, it's the only issue in which the autonomous transport driver will have to and to have the three seguros to prove the contract. Well, and this is very related to the characteristics of the sector. And here are public data that you can access to. by the same panel of the car, where we can see the transport profile. When we look for different categories of transport, And then we look at him ETC, TAC, and I'll say so... that are the small companies and and cooperatives When we look at the reality of the "take" or "take" "equiparado" it In fact, who are the TAC-TAC Parado? Companies that have even three vehicles, motor vehicles. and the cooperatives. When we look at this profile, and it's also very linked to the mercantil, is it's practically 80% of the operations are subcontracted. and 20% are hired directly So what we see there is, and regardless of the reasons that this happened, there was, along the time, a migration from the transport to the car, person, physical, CPF, to become a ETC. But with this also generated what? Other impacts. On the one hand, if it was what the market wanted, tax credit, tax credit, etc., or, if they were still still in the same way with the work of the work, if I understand it, On the other hand, what happened? a to be injured in a condition of ETC. with responsibility of the ETC, It... as is said, with the bonus of being a ETC. It happens that a lot of this sector is operating as a TAC. And then there are discussions of it or not, it has to be, and the legislation doesn't leave it clear. TAC the TAC has this issue of subcontracting. all the other, there is this obligation to contract in law and And then it came more or less in this line that we were talking about. of obligation etc and so on. And just to be a little clear, despite we already talked about in some moments, I disagree with the thought that we innovated. both in the resolution as well as in the portaria. What we are giving them are conditions for that operationally or to prove the contracture of the respective insurance. So that in the own portaria, one of the ways that I believe that the sector doesn't want, which is to be standing with the paper, in the car to compro a contract or to take and take comprovantes to the sindicato etc. and so and so and so and so and so we will give you a way Automatizar essa entrega and the comprovação of seguros, by the intercâmbio of information. For this, he authorizes his respective the fact that we even didn't need to be via SUSEP, but we left this path and so we can do it, so we can do it, to make a fiscalization that would not be necessary for the transportor I believe that I'm tired of walking with that lot of the car in a car and every time more, not only the federal administration, but the state also has eliminated the need to take the car. and the comproving of the electronic So we're not generating an obligation. A obligation was created in the law of comproving, of indication, that he has to say, he has to prove that there is a contract. There is no obligation without the state's capacity to fiscalize it. So there was a way to get to the middle. Yeah. and all these aspects we came to consult our procuradorian even before we did and to reinforce the aspect that we put on, and that was one of the points, We also also did the same question with regard to the RCFV, because several entities, the QNTC, the ABTI, They were asked We reforzamos the question for a SUSEP, which maintained the RCV. So they were not able to have the RCV, which is what is prevailing in law, created a a period of transition to adaptation that this period it's a bomb as a como considerando que existem após que já foram contratados esse período acaba que as novas após a partir de 1º de julho They already need to have the RCV, because the RCFV, as Dr. Marco Aurélio said, was a period of transition that was accepted, and it is real. E it's a partir do dia 1º de julho para frente o que se deve contratar é o rc the I agree with you that there is a difficulty in the adaptation of the security sector The security sector, as well said, is organized to be organized bring the product more adequate, understand the new risk, When the RCFV and it's beautiful, it's a good part of the transports not contratable, including the RC/TRC, So, a good part of the transports still don't have the contract. and And the solution, if we remain in a matter of facultative, etc., comes to the same problem, that, in the end, does not give security for the embarcador, does not give security for the transportor, does externalities, does competitiveness and disleal, which is one of the biggest aspects of the sector. If a certain transportor is a fiscalized, he cumped the norm and the other not, and this is a concorrência desleal. And this is one of the biggest problems of the sector, unfortunately. So, all the aspects that the agency is doing... It's to guarantee a fiscalization is unknown and we guarantee that we all have to be the obligations previst in law. So, this was, in general, what I wanted to say. I would like to explain a little bit of a presentation, but the Dr. Macorelli already fulfilled this mission with Maestria. Thank you. .

É oito minutos. Bom dia a todos. Primeiro, eu agradeço e cumprimento toda a mesa, em especial ao presidente e deputado Cláudio Cajado. É uma honra estar aqui sentado nessa mesa tão seleta. Cumprimento também o presidente Wander, Anderson Lessa, grande amigo, e amigo e presidente da NTC, Eduardo Rebusi. Primeiramente, eu tenho uma missão... é difícil que representar o nosso diretor-geral Guilherme por razões particulares aí e graves, que ele tinha que dar um apoio para a mulher, em exame, com a criança, então ele tem que acompanhar. Eu falei, Guilherme, está certo, a gente tem que saber as brigas que compra. Então, ele me pediu para representá-lo. Espero representar a altura... E mais uma vez, é um prazer estar nesse 25º Seminário do Transporte Rodoviário de Cargas. E quando a gente fala em transporte rodoviário de cargas, não teria o que dizer da importância do setor. Como todos nós sabemos... é o transporte do velho de cargos ele é responsável por mais de 60% mais 60% de toda a carga do nosso país, isso considerando... em peso bruto total e TKU E quando a gente vai para valor VKU, valor de carga útil, vai para mais de 80%. Isso nos traz dois pontos muito importantes que o deputado também colocou. O primeiro é da relevância do setor e o segundo é da importância de se trabalhar numa matriz cada vez mais equilibrada, uma matriz de transporte cada vez mais equilibrada. e com certeza cada vez mais justa então o que nós temos feito na ente tem em primeiro lugar é sempre como o Anderson bem colocou, no âmbito tanto do governo quanto do Estado, e a gente tem sempre ouvido bastante o setor, em todas as oportunidades, claro que alguns momentos, como a gente tem passado em razão da própria medida provisória, ficou um pouco mais complexo de a gente conseguir ouvir todos no curtíssimo prazo de tempo, mas temos buscado dialogar com todo o setor. E o setor de... transporte do velho de cargas para a NTT, por um lado ele é usuário das nossas infraestruturas e por outro ele também é um regulado tão importante e que talvez é o principal foco desse projeto. desse seminário E... direto ou indiretamente, os temas que nós vamos discutir estão foram muito pertinentes até pelo momento que nós vivemos. A gente iniciou o mês de maio, E com isso a gente também sempre tem a campanha de Maio Amarelo. e esses sistemas estão diretamente ligados a segurança, sinistralidade no trânsito, e a responsabilidade dos transportadores nisso também. apesar de o trânsito não ser feito só para uma categoria, mas do conjunto, a gente entende como essas pautas são tão importantes. E em uma das falas até do ministro até sobre a questão do piso mínimo de frete, ele trouxe muito bem. extrapola uma questão só de se definir um valor mínimo, mas de dar condições dignas para o trabalho. em especial dos transportadores autônomos de cargos que muitas vezes não tem o poder de negociação com grandes embarcadores ou até mesmo com grandes transportadores. Então isso a gente reforça a importância da medida provisória. 1343 da lei 373 que veio da greve de 2018, que também reforça o papel e a importância do transporte rodoviário de cargos. E... Quem não estava diretamente no setor... Acho que sentiu na pele também o desabastecimento. Então, a gente vê o quão é importante esse tema e o quão é importante a gente estar nesse momento e num público tão seleto. Aproveito também para cumprimentar os presidentes de federação, os embarcadores, a NUT. IPA e entre outros que a gente está vendo aqui É... E, mais uma vez, assim como o Anderson falou... linkando até com tudo isso um outro grande esforço da agência no âmbito das rodovias federais concedidas é a ampliação da malha ter um serviço de maior qualidade muito disso a gente tem conseguido até em conversas muito próximas ao TCU em contratos que muitas vezes estavam estressados, a gente tem conseguido ampliação, a gente tem conseguido melhoria, novos investimentos. E o investimento em infraestrutura tem efeito multiplicador. Então a gente acredita muito nesse trabalho que vem sendo feito. E apesar de antes eu não ter tangenciado esse tema, agora a gente está com o desafio de concessões ferroviárias. e que é exatamente para a gente tentar dar uma melhorada e uma distribuição na matriz de transporte que nós temos hoje. Isso é tão importante que... Um dos primeiros pontos que a gente fez no âmbito da NTT, quando a gente começou, um pouquinho antes, na verdade, de começar a fiscalização... de forma eletrônica e aqui cumprimentando o trabalho que o Hugo vem fazendo também, É... um dos aspectos que a gente viu foi que o que teoricamente sempre se disse se confirmou que para menores de distâncias o valor pago pelo contratante estava acima do piso E as grandes distorções e preços abaixo do piso mínimo estão para grandes distâncias. Isso reforça mais uma vez... Como é importante a gente reequilibrar a nossa matriz de transporte, e com certeza dar melhores condições, condições dignas para os motoristas estão lá na ponta, para os transportadores autônomos, E, claro, também, sem pensar também na questão de lucratividade do setor que vem sofrendo muito, em especial desde a pandemia. aumento de custos margem cada vez mais apertada, questão cambial e ultimamente essa questão da do diesel que disparou o preço Então, todo... O cenário eu sei que é muito complexo, ainda mais para os senhores que são empresários, na hora de decidir investir ou não. mas o que a gente deixa com clareza é que é o nosso esforço em tentar deixar, mesmo em meio a esse cenário... tão adversos Uma regulação que traz um pouco mais de tranquilidade, traz um pouco mais de previsibilidade e mostra o caminho que a agência está perseguindo. Agradeço pela fala. Obrigado e vamos... Espero que, nos próximos painéis, eu consiga adentrar um pouquinho mais no tema. Obrigada.

O Superintendente de Serviços de Transporte Rodoviário e Multimodal de Cargas da ANTT defende a integração entre órgãos e o uso de dados qualificados para combater o roubo de cargas. Destaca que o setor enfrenta margens reduzidas por custos elevados e impactos da insegurança, ressaltando a importância de investimentos em infraestrutura, concessões rodoviárias e ajustes regulatórios no gerenciamento de riscos para garantir a sustentabilidade logística.