The Special Body of the Court of Justice of the State of São Paulo said the law that obliges bars and restaurants to provide free filtered water to customers is unconstitutional.
The case’s rapporteur, judge Luciana Bresciani, stated that the rule “violates the principles of reasonableness, free exercise of economic activity and free initiative”, which are provided for by the São Paulo Constitution, in addition to violating the values of the Federal Constitution.
The decision was made by majority vote and is subject to appeal.
According to the judge, “it is well known that such imposition entails costs for establishments”, such as the acquisition of water itself, albeit at a reduced cost, in addition to the purchase and maintenance of filters and the provision and replacement of jugs and glasses.
“This is a charge imposed by the State on private establishments, without any consideration, aggravated by the possibility of reducing a substantial part of their revenue”, he concluded.
Authored by state deputy Atila Jacomussi, and sanctioned by governor Tarcísio de Freitas, in September last year, the law was suspended 24 hours later, following an injunction by the TJSP.
In a statement, the Brazilian Association of Bars and Restaurants in São Paulo (Abrasel SP) stated that “it has always defended market freedom and the right of establishments to define their own pricing and service policy”, therefore “it sees the decision as an important precedent for the sector.”
“The TJSP decision recognizes the autonomy of bars and restaurants in managing their businesses and reinforces the importance of free enterprise” says Luiz Hirata, President of Abrasel SP.
“We believe that the mandatory provision of free filtered water would have a negative impact on the sector, burdening establishments with additional costs and limiting their autonomy” ends the note
A CNN He sought out the Government of São Paulo and the advice of deputy Atila Jacomussi, but received no response until the publication of this report.
*Under supervision
Source: CNN Brasil
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