Store cannot open to receive meat installments during epidem

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Article 222, item III, of the Constitution of São Paulo, advocates the integration of health actions and services based on regionalization, which reinforces the need to implement coordinated measures and observe state regulations, making it unnecessary to consider merely local interests. when we are facing an epidemic of serious proportions.





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Pixabay Store cannot open to receive meat installments during epidemic, says TJ-SP

With this understanding, the Special Body of the Court of Justice of São Paulo annulled a municipal law of Cruzeiro, published in April 2020, which provides for the exceptional functioning of local commerce for the specific purposes of receiving payments for installments of purchases made through credit. from the store, the so-called carnets.



When filing the ADI, the Attorney Portugal Mobile Number List General's Office claimed that the law disrespected the principles of reasonableness, proportionality, precaution and prevention, as the rules to combat Covid-19 published by the government of São Paulo do not provide for in-person service in stores to receiving installments of purchases made via payment slips.



"Despite the autonomy of municipalities to issue local norms and self-organize, the competence granted to them is not absolute, subject to the limits and contours defined by the Major Law and the respective State Constitution, including with regard to to the rules for the distribution of competence of the federated entities that guide the federative pact", said the rapporteur, judge Renato Sartorelli, when voting for the proceeding of the action.



The judge noted that the Federal Constitution gave municipalities the possibility of "legislating on matters of local interest" and "supplementing federal and state legislation as appropriate" (article 30, items I and II, of the Federal Constitution), and their laws are compatible with the norms published by other entities of the federation.



"Although the municipality is allowed to 'legislate on matters of local interest' and 'supplement federal and state legislation as appropriate' (article 30, items I and II, of the Federal Constitution), there is no room for innovations in what the The Union or the State have already defined this in the exercise of their legislative powers, nor is it legal for the municipality to go beyond those normative propositions", he stated.







In the case of the case, for the rapporteur, the Cruzeiro standard established a hypothesis of easing regional standards, allowing the exceptional functioning of local commerce during the quarantine, even if for the specific purposes of receiving payments for purchases via booklets, without making any subject to the classifications and rules of the São Paulo Plan.



"The conclusion, therefore, is that the objurgated normative acts violated the federative pact, translating an infringement of articles 1 and 144 of the Paulista Charter, which leads to the decree of origin of the direct action", concluded the judge. The decision was made unanimously.