According to the project’s justification, the fees are “arising from the regular exercise of police power” about the areas, which means that “road agencies need to take on new tasks to maintain safetythe ordering and management of this heritage”.
“These new tasks burden the structure, making it necessary to impose fees to support these demands and, likewise, the institution of penalties to discipline and curb invasion and irregular use of right-of-way areas under the responsibility of the Autonomous Department of Roads and Highways (Daer)“, follows the text from the State government.
Several fees are established in the proposal, from the Request and Registration of the establishment and Feasibility Analysis, both in the amount of BRL 742.26 (30 Fiscal Standard Units – UPF), up to the Inspection Fee for the Implementation of Networks and Access, in the amount of BRL 3,711.28 (150 UPF).
“Persons and legal entities that explore the aforementioned right-of-way and adjacent areas are taxpayers for the fees,” says the project. In other words, the rates are intended for any type of commercial establishment located on the banks of highways state and federal authorities delegated to the State, which may include everything from gas stations to restaurants, snack shops, tents and tire shops.
The Eduardo Leite (PSDB) government argues that “Daer, to date, does not have a specific legal instrument for charging and applying such penalties, especially when such conduct involving the right-of-way is verified, the offender ends up going unpunished”.
The proposal also provides for fines for non-compliance with the provisions of the text, which can range from R$ 7,422.57 (300 UPF) to almost R$ 50 thousand (2000 UPF).
The project had a fatal deadline on November 4th and locks up Parliament’s agenda, as well as other Executive proposals. He must be voted on by state deputies in next Tuesday’s session (14).