Judge cites poor conditions at the VG Terminal and condemns City Hall and União Transportes

The decision, handed down on June 23, also determined that the City Hall and the concessionaire adopt a series of measures to guarantee the sanitary, structural and operational regularization of the space, used daily by thousands of public transport passengers.

The sentence partially responds to a Public Civil Action proposed by the State Public Ministry (MPE), which pointed out irregularities found during investigations carried out in the Civil Inquiry opened in 2020. According to the agency, users were subjected to inadequate hygiene, safety and operating conditions at the terminal for years.

Among the problems highlighted by the Public Ministry were bathrooms in precarious conditions, lack of basic hygiene items, water fountains with poor cleaning, inadequate trash bins, damaged benches, presence of pests and structural problems in the property.

When analyzing the case, the judge highlighted that the André Maggi Terminal represents an essential structure for urban mobility and stated that the responsibility for the adequate provision of the service is shared between the public authorities and the concessionary company.

“The principle of separation of powers cannot be invoked as a shield to perpetuate administrative omission in guaranteeing the fundamental rights of public service users”, stated the judge when rejecting the arguments presented by the municipality.

During the process, the City Hall claimed that it had already made improvements to the terminal, including renovating the bathrooms.

União Transportes, in turn, maintained that the irregularities highlighted had already been resolved and attributed part of the problems to acts of vandalism carried out by users.

The Court's understanding, however, was that the subsequent correction of the errors does not eliminate the damage caused during the period in which passengers were exposed to inadequate conditions.

“Although the regularization of the terminal’s conditions occurred during the process, the collective moral damage had already been accomplished”, highlighted the sentence.

In addition to the compensation, which must be allocated to a social or community entity indicated by the Public Prosecutor's Office after the decision becomes final, the Court ordered the municipality and the company to present, within 60 days, documents proving the adoption of additional measures.

Among the requirements are the presentation of a technical report on the quality of the water in the drinking fountains, proof of cleaning of the reservoirs, a pest control certificate, equipment maintenance reports, installation of holders for liquid soap, paper towel dispensers, trash cans with lids and permanent pest control actions.

The decision also establishes that the adequate hygiene, safety and operating conditions of the André Maggi Terminal are maintained on a permanent basis, allowing new inspections by the Public Ministry and other competent bodies.

In case of non-compliance with the determinations, a daily fine of R$1,000 was set, initially limited to the value of R$50,000.

Other Side

In a statement, the Municipality of Várzea Grande informed that it has already filed a motion for clarification against the sentence. According to the municipality, the possibility of filing an appeal will be analyzed after the judgment of these embargoes.

The municipal administration also highlighted that it has been carrying out continuous improvements at the André Maggi Integration Terminal, including maintenance, cleaning, conservation and structural adjustments, with the aim of ensuring greater safety, comfort and quality for public transport users.

The report also contacted União Transporte, but did not receive a response by the time this article was written. The space remains open for company demonstrations.

Note from Várzea Grande City Hall

Várzea Grande City Hall informs that embargoes have already been filed against the sentence. The possible filing of an appeal will be evaluated after the consideration of these embargoes.

The current management emphasizes that it has been promoting continuous improvements at the André Maggi Integration Terminal, with maintenance, cleaning, conservation and structural adjustments, aiming to offer greater safety, comfort and quality to public transport users.