The Plenário do Supremo Tribunal Federal (STF) validated a new law in the state of São Paulo that obligates refineries and distribuitors to have a fuel certificate with the chemical composition for each product. The unanimous decision was taken in a virtual session that ended in 11/07.
The subject was under the hands of Ação Direta de Inconstitucionalidade (ADI) 3752, proposed by the government of São Paulo against the state law 10.994/2001. The fuel certificate must acompany the delivery of alcohol, comum gasoline, additivated gasoline, "premium" gasoline and diesel and has to be fixated in each gas station to be presented to the fiscalization, when asked to. The law establishes, yet, the competence of Secretaria do Meio Ambiente to keep an eye on the fullflment of the law.
Consumer and environment
Despite creating a new obligation to the enterprises, the rapporteur understood that the nature of the law is to protect the consumer and the environment, in wich has concurrent legislative competence of the Union of the states and of the Federal District. According to Nunes Marques, the rule aims to ensure clear and precise information about the chemical compositions of the objects, the control of the atmospheric polution and the improvement of environmental quality, without interfering in it's production or fuel distribuition.
Information taken from Supremo Tribunal Federal (stf.jus.br)
Comentarios