Bill provides for consultation with residents for street parties

A bill that began to be discussed in the Chamber of Deputies at the beginning of this month intends to make it mandatory the prior consultation of residents and street traders who are on the route of carnival blocks, parades and popular parties.

The text authored by federal deputy Kim Kataguiri (União Brasil-SP) establishes that the organizers will only be able to go out with the groups with the authorization of 60% of those residing in the region.

PL-306/2023 (see in full) amends the Statute of Cities in the article that guarantees the “democratic management of the city” through debates, hearings and public consultations, making consultation mandatory for popular celebrations that block roads in municipalities. Kim Kataguiri claims that the change is necessary due to the inconvenience that the groups have caused residents and traders.

“Although such parties have cultural value, there is an enormous inconvenience caused to residents and traders who, despite being severely affected, do not have at their disposal a popular consultation mechanism to give their opinion on the holding of such parties”, he says.

He mentions that the Statute allowed parties like Carnival to be held in the streets, especially “in large municipalities like São Paulo”.

According to the parliamentarian, the consultation will need to be made at least 30 days in advance to all residents and traders who effectively occupy the properties on the roads that will be blocked.

“Without the consent of residents and traders, the Municipality or the Federal District will not be able to allow the celebration or parade to take place”, completes Kataguiri in the justification. However, the consent of residents and traders does not override the authorization of the city halls themselves, which will still be able to deny the celebrations.

On the other hand, the congressman’s bill left out political demonstrations, based on what article 5, item XVI of the Federal Constitution says: “everyone can meet peacefully, without weapons, in places open to the public, regardless of authorization, as long as they do not frustrate another meeting previously called for the same place, only requiring prior notice to the competent authority”.

The project has already been presented to the Board of Directors of the Chamber of Deputies, but has not yet been submitted for analysis by the thematic committees.