Cármen Lúcia nega passe livre interestadual no 2º turno
A ministra Cármen Lúcia, do Supremo Tribunal Federal, rejeitou o pedido para estender a gratuidade das passagens de ônibus para o sistema interestadual durante o segundo turno das eleições de 2026. Publicada nesta sexta-feira (23/10), a decisão mantém o benefício do passe livre restrito exclusivamente aos âmbitos municipal, intermunicipal e metropolitano.
Análise do Tribunal Superior Eleitoral Antes de proferir a sentença sobre a solicitação da Coligação de Lula, a magistrada exigiu manifestação do Tribunal Superior Eleitoral a respeito da viabilidade operacional da medida em rotas que ligam cidades vizinhas localizadas em estados diferentes.
Em resposta, o presidente do TSE, ministro Kassio Nunes Marques respondeu ter reproduzido fielmente a delimitação fixada no julgamento da ADPF 1.013. Além disso, o magistrado pontuou que o setor rodoviário interestadual é de atribuição federal e fiscalizado de perto pela Agência Nacional de Transportes Terrestres.
Falta de dados e impactos operacionais A negativa fundamentou-se na carência de informações financeiras e logísticas fundamentais, como a listagem exata de linhas, o modelo de operação, a periodicidade das viagens e a origem dos recursos para custeio.
Apesar de afastar a obrigatoriedade imediata, a recomendação enviada ao Ministério dos Transportes e à ANTT foi para que analisem possíveis ações de facilitação e fiscalizem a operação da frota padrão durante o domingo de votação.
Fundamentos jurídicos do pedido A solicitação apresentada pela coligação teve como embasamento a Arguição de Descumprimento de Preceito Fundamental 1.013, na qual a Suprema Corte identificou falha do poder público na disponibilização de veículos em datas eleitorais anteriores.
A defesa argumentou que a regulamentação inicial deixou de contemplar eleitores que precisam cruzar fronteiras estaduais para exercer o direito ao voto em localidades limítrofes, exigindo a inclusão das linhas semiurbanas.
Impossibilidade de mudança de última hora Em sua fundamentação, a relatora destacou a impossibilidade jurídica de modificar uma diretriz estabelecida pelo Plenário do STF por meio de uma decisão monocrática tomada de última hora.
Segundo a ministra, não haveria tempo hábil para que o TSE e os 27 Tribunais Regionais Eleitorais adotassem as providências necessárias sem comprometer a segurança e a tranquilidade do processo eleitoral.
Por Fim Com a determinação mantida, as regras que garantem gratuidade no transporte público no segundo turno seguem limitadas aos trajetos municipais e intermunicipais já previstos anteriormente, resguardando a logística eleitoral em todo o país.
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