Gilmar Mendes denies São Paulo’s request to allow alcohol in stadiums – 03/09/2024 – Sports

Minister Gilmar Mendes, of the Federal Supreme Court, denied an appeal by São Paulo Futebol Clube in a request against the restriction of the sale of alcoholic beverages in São Paulo stadiums.

Mendes followed the understanding of the São Paulo Court of Justice, which had already denied Tricolor São Paulo’s request to declare the state law prohibiting commercialization unconstitutional.

In the request, the São Paulo club stated that the ban on the sale of drinks in stadiums “is unreasonable and illegitimate” as it is not effective in reducing violence during matches.

The club also states that football in São Paulo is not an “isolated island” when considering that in other states and countries there is the possibility of selling drinks in stadiums.

Gilmar Mendes, in his decision, rejected the São Paulo club’s thesis and stated that it is up to the states to decide whether or not to sell drinks in stadiums.

According to him, previous judgments of the Court concluded that “it is possible for the state legislator, in the exercise of its concurrent competence, to complement and regulate the matter, in order to observe local specificities”.

“Based, therefore, on the lack of specificity regarding which drinks would be prohibited, the publication of local rules was authorized that regulate the limits of commercialization, which includes the possible authorization of specific alcoholic beverages”, stated the minister.

Gilmar Mendes also refuted another of the club’s arguments about the ban violating the constitutional right to “free exercise of economic activity and free initiative to sell beer”.

“It was recognized, therefore, that there was no violation of the principles of equality and free initiative, according to local peculiarities, consigning the concurrent competence of the federated entities to legislate on the matter”, he stated.