Post by xyz3000 on Feb 12, 2024 4:54:12 GMT
The municipality cannot discipline or prohibit charging for parking in private areas, given the constitutional principles of free enterprise and free competition, with the prohibition of State interference in the economic domain”. With this understanding, the 3rd Civil Chamber of the Court of Justice of Goiás determined this Tuesday (13/12) that the Flamboyant shopping center has the right to charge again for parking. The collegiate, which followed the vote of the rapporteur, judge Rogério Arédio Ferreira, rejected an appeal by the municipality of Goiânia against the decision of judge Fabiano Abel de Aragão Fernandes, from the 2nd Public Finance Court of Goiânia, which authorized Jardim Goiás Empreendimentos (owner of the area where the shopping mall) and Safety Park — Parking Administrator to charge the parking fee without restrictions imposed by the municipality.
For Ferreira, shopping malls are ventures that aim to bring together business activities, through different branches of commerce, distributing and selling products and services. He considered that in this type of commercial establishment there is an entire security system, with agents and cameras, which aims to promote the safety of its patrons. “This system is not free and its cost is borne by the Estonia Email List contributions of retailers and, indirectly, it must also be borne by their patrons, who opt for the convenience and security offered by shopping malls”, stated the rapporteur. The rapporteur recalled that in terms of property rights, the owner of a commercial establishment has the subjective public right to freely exercise his economic activity, without any interference, as long as the social function of the property is respected.
The municipality cannot discipline or prohibit charging for parking in private areas, given the constitutional principles of free enterprise and free competition, with the prohibition of State interference in the economic domain”, he highlighted. It assessed that the municipality of Goiânia's claim that municipal legislation determines the need for a number of parking spaces for customers' vehicles is unfounded. “It is necessary to highlight that the complementary laws 087/00, 031/94 and 04/92, which require a minimum number of parking spaces in private areas and that they are free, deal with matters of Civil Law, which should be legislated by the Union (article 22 CF), and not by the municipality”, he highlighted. Read the menu Double Degree of Jurisdiction. Civil Appeal. Writ of Mandamus. Parking Charge in Shopping Center. Prohibition. Municipal Legislation. Civil right.
For Ferreira, shopping malls are ventures that aim to bring together business activities, through different branches of commerce, distributing and selling products and services. He considered that in this type of commercial establishment there is an entire security system, with agents and cameras, which aims to promote the safety of its patrons. “This system is not free and its cost is borne by the Estonia Email List contributions of retailers and, indirectly, it must also be borne by their patrons, who opt for the convenience and security offered by shopping malls”, stated the rapporteur. The rapporteur recalled that in terms of property rights, the owner of a commercial establishment has the subjective public right to freely exercise his economic activity, without any interference, as long as the social function of the property is respected.
The municipality cannot discipline or prohibit charging for parking in private areas, given the constitutional principles of free enterprise and free competition, with the prohibition of State interference in the economic domain”, he highlighted. It assessed that the municipality of Goiânia's claim that municipal legislation determines the need for a number of parking spaces for customers' vehicles is unfounded. “It is necessary to highlight that the complementary laws 087/00, 031/94 and 04/92, which require a minimum number of parking spaces in private areas and that they are free, deal with matters of Civil Law, which should be legislated by the Union (article 22 CF), and not by the municipality”, he highlighted. Read the menu Double Degree of Jurisdiction. Civil Appeal. Writ of Mandamus. Parking Charge in Shopping Center. Prohibition. Municipal Legislation. Civil right.
