TJ-RJ annuls law that created credit for paid and unused min

Municipal law that interferes with prices charged by private entities violates the Union's exclusive competence to legislate on Civil Law, property rights and the principles of free enterprise and free competition. With this understanding, the Special Body of the Court of Justice of Rio de Janeiro declared, this Monday (3/2), Rio de Janeiro Law 6,459/2019 unconstitutional.





Disclosure

For TJ-RJ, law that interferes with parking prices violates the Constitution

The standard created credit for paid and unused minutes in Rio's parking lots. For example, if the customer paid for a period of two hours, but only left his car for one hour at the location, he receives a credit for one hour, which can use when parking your vehicle again in that parking lot.



If the establishment did not grant B2B Lead credit, it could receive a fine of up to one hundred times the hourly rate on site. The sanction would double in the event of a repeat offense.



The case's rapporteur, judge Antônio Carlos Nascimento Amado, suspended the law in February 2019. The injunction was ratified by the Special Body. The judge recalled that the TJ-RJ has already annulled two similar rules.



For Amado, the law that establishes prices for private entities is unconstitutional. This is because it violates the right to property and the principles of free enterprise and free competition. Furthermore, only the Union can legislate on Civil Law, pointed out the rapporteur, who was followed by the majority of the members of the Special Body.







Judge Nagib Slaibi Filho was defeated. In his opinion, the consumer can only be forced to pay for what he actually consumes, and not for the expected use of what he consumes. In this way, Rio's law would be in accordance with the federal and Rio de Janeiro Constitutions, according to Slaibi Filho.