On the grounds of defective initiative and violation of the federative pact, the Special Body of the Court of Justice of São Paulo judged Law 2483-A/2010, of the municipality of São Vicente, on the coast of São Paulo, to be unconstitutional. The rule forced supermarkets to replace conventional plastic bags with biodegradable packaging.
The law also set a 30-day deadline Cayman Islands Phone Number for companies to comply with the rule and, in the case of non-compliance, it provided for a fine of R$1,500 that would be doubled in the case of a repeat offense. The bill was presented by a councilor, approved by the City Council and sanctioned by the mayor.
The winning thesis met resistance. By fifteen votes to six, the understanding of judge Samuel Júnior, rapporteur of the appeal, prevailed. “When Parliament, therefore, enacts, on its own initiative, a law whose subject matter is reserved to the Executive Branch, the act will be null and void, due to formal unconstitutionality”, stated the rapporteur.
For judge Samuel Júnior, when proposing the rule, the City Council issued an act that creates obligations and duties for the executive bodies of the Municipality and, as a result, failed to observe the law initiative reserved for the mayor, contradicting rules of the state of São Paulo. Paulo and the Federal Constitution.