"Parking law is unconstitutional," says the Court of Justice.
The full bench of the Court of Justice decided that the state law regulating parking fees is invalid; in other words, shopping malls will have the right to freely charge for the use of their parking lots and are no longer obligated to comply with the law's inspection procedures.
247 - The full Court of Justice of Sergipe declared this Wednesday (21), by majority vote, the unconstitutionality of state law 7.595/2013, which regulated the form of payment in parking lots of commercial establishments within the State of Sergipe. The Direct Action of Unconstitutionality (Adin) was filed by the Brazilian Association of Shopping Centers (Abrasce), against the Legislative Assembly of Sergipe and the Governor of the State.
The rapporteur for Direct Action of Unconstitutionality 01/2013 was Judge Cezário Siqueira Neto, who voted in favor of the constitutionality of the law, joined by Judges Ricardo Múcio, Geni Schuster, and Edson Ulisses, the latter having only participated in the judgment of Writ of Mandamus 119/2013. In other words, in their understanding, charging for parking in commercial establishments in Sergipe would be constitutional. However, their votes were defeated.
Also voted on was Writ of Mandamus 119/2013, whose rapporteur was Judge Roberto Porto. The petitioners were Shopping Jardins and Riomar against the Secretary of State for Justice and Consumer Protection and the State Coordination for Consumer Protection and Defense. The shopping malls requested recognition of their right to freely charge for the use of their parking lots and also the granting of an urgent measure to prevent any enforcement of the law. In this writ of mandamus, the unconstitutionality of state law 7.595/2013 was also declared. Both the votes on the Direct Action of Unconstitutionality and the Writ of Mandamus will still be published in the Official Gazette.