Amnesty of fines for samba schools by the City of SP is unconstitutional, says MPSP – 04/24/2023 – Panel

The Deputy Attorney General for Legal Justice of the Public Ministry of São Paulo, Wallace Paiva Martins Junior, wrote an opinion in which he says that the article of municipal law 17.719/2021 that established amnesty for the city’s samba schools from the payment of fines and indemnities is unconstitutional for land use in public areas.

According to the opinion, the articles that opened up the possibility for the City Hall of São Paulo to make agreements with churches for the payment of debts (through mutual concessions) and that authorized the municipal management to pay rent for properties owned by organizations of the civil society (SOs).

The project was sent by the Ricardo Nunes (MDB) management and approved in November 2021 at the São Paulo City Council.

The statement by the Public Ministry was made in response to the direct action of unconstitutionality filed by councilor Celso Giannazi (PSOL-SP).

In his opinion, Martins Junior writes that, as the measures that benefit samba schools and the church imply waiver of municipal revenue, they should have been accompanied by estimates of budgetary and financial impact before being approved by the Legislative, which did not happen.

In the case of authorization for the payment of rent for properties belonging to contracted SOs, the deputy attorney general states that the law is unconstitutional because there is already a federal rule on the subject that authorizes the funding of these amounts with the resources of the partnership established between the parties . According to Martins Junior, there is “no space for the local legislator to innovate by creating another source of revenue for such entities in this regard.”

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