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.
Gratuity Parking - State Law No. 1209/2004 - The cash clerk knows, but only if you will demand their rights.It is necessary for the purchase price is more than 10 times the value of the machine.
Example: if the value of parking is $ 3.00 you will need to spend at least $ 30.00 with anything - food, clothes, piece, etc.. - At the mall, and present the coupon box on 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).
Works the same, but it is clear that the malls will not advertise it.
Visit this link and print, so there will be no denying the gratuity.
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 the extracted link sent by Oswaldo in 21/mar/08.
The following was extracted from the site of the city of Sao Paulo
"BILL 454/07 - CAMERA" Provides for the permanent collection of vehicles parked in the shopping malls, hypermarkets and congeners and other measures.
The MUNICIPALITY OF SAO PAULO DECREES:
Article 1. Are exempted from payment for the use of parking in shopping centers, supermarkets and the like installed in São Paulo, customers who prove expenditure of at least ten times the amount of that charge.
Sole Paragraph The gratuity referred to in the caption will be effective only upon submission of invoices that are dated from the day on which the customer makes the election to the gratuity.
Article 2. The duration of the vehicle in the parking lot of the establishments mentioned in Article 1, for up to fifteen minutes, should be free.
Article 3. The benefit under this Act may only be granted to the customer who stay for a maximum of four (4) hours inside the shopping malls, hypermarkets or similar.
§ 1. The residence time of the vehicle should be evidenced by the issuance of a document when entering the parking lot.
§ 2. If the customer exceeds the allotted time for the grant of gratuity under Article 3, shall pay the excess amount in accordance with the fee schedule, normally used by the establishment.
Article 4. Are the shopping malls and hypermarkets congeners 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 requires otherwise.
Session Room on June 21, 2007. The Committees concerned. "
REASONS VETOProjeto Law No 454/07
ATL Letter No. 51, February 8, 2008
Ref: Letter No. PMS-23 0055/2008
President
I refer to the letter referenced, by which Your Excellency sent to the penalty certified copy of the law enacted by this egregious Board at its meeting on 18 December 2007 concerning 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 demonstrate at least ten times the amount of that charge. Furthermore, it determines that the stay for up to fifteen minutes should be free and that the benefit may only be granted to the client to remain in place for a maximum of four (4) hours.
Despite its laudable goals, the project can not be passed into law as unconstitutional, imposing a total ban on bringing, for the following reasons adduced.
Indeed, its content does not fall within the orbit of 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 issue is that the text adopted is limited, even in the sphere of civil law, and, more specifically, the right of ownership, these materials also legislative authority of the Federal Union (Article 22, paragraph I of the Constitution) .
In addition, the State, as normative and regulating agent of economic activity, exercise, according to the 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 rules, it appears that the City can not establish gratuitous use of parking, and shall have only the question what to insert in the peculiar local interest.
The municipal legislation may regulate the economic activities in its territory, for the observance of urban standards of hygiene and quality of life of consumers and the environment on the part of commercial establishments, industries, services and the like. It shall, in accordance with the Organic Law of São Paulo, in its article 160, "heading", to grant and renew licenses for installation and operation, set hours and working conditions, to lay restrictions on site locations in urban space but can not interfere directly in specific economic activities, in 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 the right to property and lays down 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 rules edited by the Union "(ADIN No. 1981-1 - Rep. Mauricio Correa Min, vu, j. 08/23/01; in the same direction ADIN No. 1472-2, Sepulveda belongs Min, vu, j. 5/9 / 02; ADIN No. 1623-7, Moreira Alves Min, vu, j. 06/25/97; ADIN No. 2448-5, Min Sydney Sanches, vm, j. 23/04/03).
In the same line of understanding, the Court of Rio de Janeiro suspended from the outset the purpose of State Law No. 4541, 2005, which regulates the charges for use of parking in shopping centers and major markets in the State of Rio de Janeiro, decision was maintained by the Superior Court, remaining suspended the application of that statute.
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, being deprived hence the coercivity necessary to compel compliance or 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 occasion, I renew to Your Excellency assurances of my esteem and consideration.
Gilberto Kassab, Mayor
When Sir
ANTONIO CARLOS RODRIGUES
Worthy Mayor of Sao Paulo "
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