Marcelo Galvani

Aug 15, 2007

Free parking in malls SP

Posted by: Marcelo Galvani In: Tips | Policy

Following is the text of the email I received:

Finally a good law of the Municipality of São Paulo.
The law of free parking in malls and other establishments is already applied.
Parking gratuity - State Law No. 1209/2004 - The cash clerk knows, but only if you will demand their rights.

It is necessary that the purchase price is 10 times greater than the value of the parking lot.
Example: if the value of parking is $ 3.00 you will need to spend at least $ 30.00 with anything - food, clothing, parts, etc.. - At the mall, and present the coupon box in the parking tax.
They will stamp and validate the ticket, without you having to pay anything more.

Spread the information, it is Law (also appeared in the newspaper the Globe).

It works the same, but it is clear that the malls will not advertise it.

Visit this link and print, so do not have to deny free education.

But this is not so, if we look at the link mentioned (content copied below) we see that it was the time of a bill, which was subsequently vetoed.

Below the contents of the draft law and the reason for his veto. Both taken from the link sent in by Oswaldo 21/mar/08.

The following was extracted from the site of the city of Sao Paulo
"BILL 454/07 - CAMERA" Provides for the collection vehicle to remain parked in the shopping malls, hypermarkets and similar and other measures.

The MUNICIPALITY OF SAO PAULO DECREES:

Article 1. Are exempt from the payment for the use of parking in shopping malls, supermarkets and the like installed in São Paulo, customers who prove spending of at least ten times the value of this collection.

Sole Paragraph The gratuity referred to in the caption will be effective only upon presentation of invoices that are dated from the day on which the client makes the election to the gratuity.

Article 2. The period of stay of the vehicle in the parking lot of the institutions listed in Article 1, for up to fifteen minutes, should be free.

Article 3. The benefit provided in this Act may only be granted to the client to stay for a maximum of 4 (four) hours inside the shopping malls, hypermarkets or similar.

§ 1. The residence time of the vehicle, must be documented by issuing a document when it entered the parking lot.

§ 2. If the customer exceeds the allotted time for the grant of gratuity under Article 3, shall pay the excess amount according to the price list, typically used by the establishment.

Article 4. Are the shopping malls and hypermarkets counterparts required to disclose the contents of this law by putting up posters in their premises.

Article 5. This Act shall come into force on the date of its publication. Revokes the context otherwise requires.

Session Room on June 21, 2007. The relevant committees. "

REASONS VETOProjeto Law No. 454/07

ATL Letter No. 51, February 8, 2008

Ref: MPS-23 Office No. 0055/2008

President

I refer to the referenced letter, by which Your Excellency sent a certified copy of the sanction of law enacted by this egregious Board at its meeting on 18 December 2007 on the Draft Law No. 454/07, authored by Councilman Edivaldo estimated, which provides for the collection vehicle to remain parked in the shopping malls, supermarkets and the like.

The measure aims to relieve customers of the establishments mentioned payment for the use of the parking lot when the corresponding expenditure to prove at least ten times the value of this collection. Furthermore, it determines that the stay for up to fifteen minutes shall be free, and that the benefit may only be granted to the client to remain in place for a maximum of 4 (four) hours.

Despite its laudable goals, the project can not be passed into law as unconstitutional, imposing itself on bringing the president's veto, for the following reasons adduced.

Indeed, its content does not fall within the orbit of the municipal jurisdiction. Article 24, paragraph I of the Constitution empowers only the Union, the States and the Federal District to legislate concurrently on economic law, not fitting the municipality, therefore, disciplinary matters relating to prices subject to private enterprise.

The subject matter is limited to the approved text, even in the sphere of civil law, and, more specifically, the right of property, these matters also legislative competence of the Federal Union (Article 22, paragraph I of the Constitution) .

In addition, the State, as normative and regulating agent of economic activity, shall, as provided by law, the functions of supervision, encouragement and planning, these functions being indicative for the private sector, as envisaged by Article 174 of the Constitutional Charter .

Given these legal norms, it appears that the City can not make gratuitous use of parking, and shall have only the question what if you enter in the peculiar local interest.

The municipal law can govern the economic activities in its territory, for the observance of urban standards, hygiene and quality of life of the consumer and the environment by commercial establishments, industries, services and the like. It shall, in accordance with the Organic Law of São Paulo, in article 160, "heading", to grant and renew licenses for installation and operation, set time and operating conditions, to lay restrictions on the location of these enterprises in the urban space but can not interfere directly in specific economic activities, seeking to regulate the pricing policy for their establishments.

The Judiciary has repeatedly struck down efforts of similar content. I cite the decision of the Supreme Court handed down in the face of the lawsuit filed in State Law No. 4711 of April 7, 1992, the Holy Spirit, which limits the value of the collection in particular areas:

"While the Union regulates property rights and rules of substantive intervention in the economic, the other levels of government only exercise administrative policing the use of property and economic activity of individuals, in order, always, the substantive provisions edited by the Union "(ADIN No. 1981-1 - Rep. Min Mauricio Correa, vu, j. 8/23/01; in the same direction ADIN No. 1472-2, Min Sepulveda belongs, vu, j. 5 / 9 / 02; ADIN No. 1623-7, Min Moreira Alves, vu, j. 6/25/97; ADIN No. 2448-5, Min Sydney Sanches, vm, j. 4/23/03).

In the same line of understanding, the Court of Rio de Janeiro suspended from the outset the purpose of the State Law No. 4541, 2005, which governs the charge for use of parking lots in shopping centers and major markets in the State of Rio de Janeiro, decision was upheld by the Supreme Court, remaining suspended the application of said law.

Thus, any host of the proposal would only create expectations that would quickly be frustrated in the courts.

It is finally noted that the bringing down of a penalty provision alone, though stripped, so the necessary force to compel compliance or to punish the offenders.

Therefore, I am constrained to veto the full bill passed, with the fulcrum in Article 42, § 1 of the Organic Law of São Paulo, returning the matter to the review of this illustrious House.

On that occasion, I renew to you assurances of my esteem and consideration.

Gilberto Kassab, Mayor

When Sir

ANTONIO CARLOS RODRIGUES

Worthy Mayor of St. Paul "


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17 Responses to "Free Parking in Malls SP"

1 | Marcelo Galvani

August 22nd, 2007 at 8:23 pm

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I received the following statement on 22 / 8

a. Cabral wrote:
SP is not! CALM FRIENDS!!

This law is Rio 1209/2004 and therefore the benefit is unique.

In sao paulo has not yet passed a law that clears the chamber.

The project was submitted for review 21/06/07 days, give the position
now]

Draft Law No. 454/2007 of 21/06/2007
PROVIDES FOR THE COLLECTION OF STAY IN THE CAR
PARKING shopping malls, hypermarkets and
Congeners, and other measures.
Author (s): Edivaldo ESTEEM
Stage of proceedings: Send-> Area: SGP22 Date: 06/08/2007 | Reception->
Area: JUST Date: 06/08/2007

2 | Marcelo Galvani

October 4th, 2007 at 7:54 pm

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The White Rabbit site cites this news as an example of incorrect information passed by bloggers.

I would say that the author of this article forgot to check the correct fonts, as he recommends. He did not even waste time reading what I wrote, and was satisfied to have found the contents of the e-mail in the body of my post.

Blacksmith House, skewer stick.
See the article at: http://ocoelhobranco.blogspot.com/2007/08/o-estado-e-polmica-dos-blogs-tabajara.html

3 | marcus

October 5th, 2007 at 9:30 am

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I tried not to pay the parking Iguatemi this week according to the law and she said the law was repealed! Was it really? Or is that not been approved yet - depending on our Chamber will take:) - or even if she lied on their own request Shopping? Does anyone know for sure how is this law? Law print from the site of the Municipality of Sao Paulo and I will try again this weekend. Let's see what happens. Abs, Marcus

4 | Marcelo Galvani

October 5th, 2007 at 11:17 am

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Marcus,

This is a bill that is not rated yet. In short, it is worth.

5 | Cristiane

October 17th, 2007 at 9:57 pm

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... completing. source: http://www.sampaonline.com.br/reportagens/estacionamentogratuitoemsaopaulo.htm

True e-mail that talks about the free parking in shopping centers in São Paulo?
August 21, 2007

An email circulating among Internet users said that according to Law 1209/2004 the person who consumes at institutions of shopping malls in São Paulo, an amount equal to or greater than ten times the amount paid for the ticket, will be free of charge parking.

The Division of Legal Research of the Department of Documentation and Information of the Legislative Assembly of the State of São Paulo belies this information: "This law does not exist in the State of Sao Paulo," and states that "it's Bill 1209-A / 2004 converted into Law No. 4541 of April 7, 2005, the State of Rio de Janeiro. "

It appears, rather, a bill on the subject, the Assembly proceeded to São Paulo, 35/2005, vetoed by the governor Geraldo Alckmin not that it was competent state, and recently filed.

Paperwork, currently in the City Hall of São Paulo, the Bill (Municipal) 454 / 2007, authored by Councilman Edivaldo estimated that proposes in Article Article 1, which "are exempt from the payment for the use of parking in shopping malls, supermarkets and the like installed in São Paulo, customers who prove spending of at least ten times the amount of that charge. "

By design, such access shall be granted to customers who remain "for a maximum of 4 (four) hours inside the shopping malls, hypermarkets or similar", since the client has invoices dated the day in which the customer makes election to the gratuity.

This project is under consideration of the various House committees, and no date for your vote

6 | rodrigo

November 7th, 2007 at 2:55 pm

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holy shit, how many customers I have already filled the bag for this shit ... and the worst are the "advocates" holy shit the guy is a lawyer and do not know the difference between law and the bill!!

7 | Cristiane

November 14th, 2007 at 10:30 am

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Because collaboration:

Law 1209/2004 quoted, is not law, is a bill in the State of Rio de Janeiro, transformed into state law, that of no. 4541/05, the malls where parking is free until the limit of 4 h, since the purchase is made 10 xx greater than the price of parking. Therefore, it is only for the State of Rio de Janeiro.

As for St. Paul, that there is a Bill, to no. 454/07, which is being processed in the House in Sao Paulo, that is, not yet become law.

8 | Samantha

November 17th, 2007 at 1:05 am

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Yeah ... people working in the parking lot of the shop, cash, and take much outrage because the bill! it never entered into force! besides everything as we lay for customers or for "girls who were instructed to speak it." only that people are not aware that they are not updated! entering the site daily official who will see that this project was never prevailed!

9 | Drika

January 25th, 2008 at 24:06 pm

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Hi Marcelo,
Okay? I came here to thank you for the links and I came across this post ...
Hopefully this law will not take long to be applied here in Sao Paulo, because no one deserves to spend at the mall and still having to pay for parking.
Congratulations on the blog!
Regards,
Drika

10 | Oswaldo

March 21st, 2008 at 10:53 pm

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The Draft Law on Free estacionemento in the malls was vetoed on February 8, 2008. Check out the link:

11 | Carlos

September 11th, 2008 at 3:32 pm

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Not only does the bill in Sao Paulo was vetoed by Mayor Kassab (which has this power and was correct in his decision - not, I will not vote for Kassab), as the State Law in Rio de Janeiro, which exists even lost their effects in the courts for being unconstitutional.

Personally, the only Union (= Congress House of Representatives + Senate) can create a law that requires an establishment to not charge for their services, any service.

12 | Marcelo Galvani

September 11th, 2008 at 6:14 pm

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Carlos, thanks for the update.

13 | Paul

May 14th, 2009 at 3:19 pm

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If you observe the information of the link, this bill was vetoed by Mayor Kassab, on the grounds of unconstitutionality, that is, it is only the President of Brazil (Union) to make this law!
Municipalities, cities and states have no power to legislate on this.

14 | Rafael Sanchez

June 2nd, 2009 at 11:32 am

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Good day!
Thanks for the reply, but was last in South Shopping Plaza and questioned about such a law, and "laughed" at me. Require the presence of responsible and after much waiting, said it would be possible. Threatened to call the police and even then ... nothing. They said it is only a draft law Liguie p / 190 and nothing can be done ... I decided to pay and demanded invoice. I searched the Internet and found the Law 454 / 07 which came to be enacted on 21/06/07 and was vetoed by Mayor Kassab worthy.

I will research this law in 1209 / 04, because I felt a complete idiot ...
If confirmed, I will demand my money back and double (as CDC).
And I will disclose to the maximum, because "they" have to know that people have rights and should be respected.

Abc.

Rafael Sanchez

16 | Rodrigo Grazioli

November 26th, 2009 at 2:12 am

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Dear friends, fresh news awaits us ... NOW IS THE LAW .... in Sao Paulo (state), in the malls do not pay more parking after spending less than 10x the amount to be paid ... Law No. 13819 OF 23 NOVEMBER 2009. If you still have questions, please visit http://www.al.sp.gov.br/repositorio/legislacao/lei/2009/lei 20n.13.819%,% 20and% 2023.11.2009.htm
legal hugs and greetings to the dear friends!

17 | Alessandro

July 15th, 2010 at 11:04 am

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"Finally a good law of the Municipality of São Paulo.
The law of free parking in malls and other establishments is already applied.
Parking gratuity - State Law No. 1209/2004 ... "(sic).

I wonder how can a state law transact on the City Council, not the Legislative Assembly ...

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