On 07.12.2016 was published the Law No. 13,311/2016 establishing general rules for the occupation and use of urban public area for urban facilities like kiosks, trailers, fairs and newsagents.
Since the enactment of Law, municipalities are authorized to concede grants for public space use for those kinds of urban facilities after the request of any interested party that meets all the requirements set by the respective municipality. In this sense, the regulation provides that municipalities will define specific rules that must be met to obtain the respective grant, subject to the democratic management of the city.
It is noteworthy that the grant may be transferred to third parties, as long as they also meet the requirements set by the municipal government.
There is also a general transfer rule of the grant in case of death or physical or mental illness of the holder. The rule states that the grant will be transmitted first to the spouse or partner and then to ascending or descending.
Finally, the law was specific in setting the grant termination cases. That is, at the end of the term, due to the breach of obligations and in the case of the grant repeal by the municipality, provided that there is public interest.
The lawyers of Bastilho Coelho Advogados are available for more information.