The Federal Court of Curitiba denied, this Thursday (25), a request by the Viapar concessionaire to postpone the end of toll in Paraná. According to federal judge Friedmann Anderson Wendpap, of the 1st Federal Court, the exceptionality should be demonstrated so that the parties could extend the term of execution of the contract.
“The ordinary is presumed; the extraordinary is proved. The intelligence of this apothegm applied to the case under examination says that the extension of the contract is measured absolutely outside the intelligence that informed the agreement and that such a requirement should have ready and indisputable proof”, he justified.
Viapar requested the continuity of the operation in the section of Lot 2 of the Paraná Integration Ring for at least three months, preserving maintenance, conservation and user service obligations.
According to the concessionaire, the Granting Authority has been failing to comply with the tariff review every period not exceeding two years. It also justified that the economic-financial imbalance factors are numerous. In this context, it stated that the extension of the concession contract would be the alternative to honor the principle of proportionality, as it weighs the state’s inertia in the assessment of requests for revision and the inexistence of a successor concessionaire.
End of toll
The concessionaire’s license with the Government of Paraná ends on Saturday (27) and the vital services provided by the company will be interrupted.
Wendpap also clarifies that the lack of services on the stretch managed by Viapar from Saturday onwards is a topic to be discussed between users and administrative authorities.
In another decision, the Federal Court also determined the implementation of canalization in all Viapar toll plazas, making possible, in an alternative way, the use of plastic barriers filled with sand. The concessionaire is also responsible for signaling until the installation of the canalization, under penalty of a daily fine of R$100 thousand.