Justiça suspende cobrança integral do pedágio na Rodovia do Sol em Guarapari

MPES consegue liminar e pedágio de Guarapari deve ser reduzido em 48 horas.

O Ministério Público do Estado do Espírito Santo (MPES), por meio da 35ª Promotoria de Defesa do Consumidor e da 1ª Promotoria de Justiça Cível de Guarapari, obteve liminar em ação judicial que requereu a redução do pedágio da Rodovia ES-060 (Guarapari).

A Justiça determinou que a concessionária Rodovia do Sol S/A e a Agência Reguladora de Saneamento Básico e Infraestrutura Viária (Arsi), em 48 horas após a notificação, suspenda do valor integral do pedágio desembolsado pelos usuários do trecho a tarifa relativa à “Conservação Especial”.

O Órgão Ministerial, com base no relatório de auditoria do Tribunal de Contas (TCE-ES) e outras diligências próprias, constatou que o consumidor usuário do Sistema Praia do Sol custeava um serviço de manutenção denominado “Conservação Especial” que nunca foi prestado efetivamente na pista nos últimos 16 anos, visto que a cobrança do pedágio no posto localizado no Km-30 de Guarapari foi iniciada no ano de 2000.

O serviço denominado “Conservação Especial” é um tipo de manutenção mais complexa com vistas a recuperar o tempo de vida útil da rodovia, embora incluído no valor cobrado do pedágio, nunca foi realizado.

Diante da irregularidade, o MPES pediu antecipadamente ao Poder Judiciário que o preço do pedágio da Rodovia ES-060, que hoje está em R$ 8,50, um dos mais caros do país, comparado ao de outras rodovias de maior extensão, fosse reduzido ao preço da manutenção da via, semelhante ao que ocorreu com o da Terceira Ponte.

Além disso, o MPES pediu para que os valores cobrados indevidamente sejam devolvidos, coletivamente, aos consumidores lesados, por meio de depósito no Fundo Estadual de Defesa do Consumidor, o que ainda será objeto de análise pelo Judiciário.

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