Cobranças realizadas nos estacionamentos rotativos em vias públicas, com ênfase no sistema da "zona azul" adotado no município de Fortaleza: natureza jurídica e requisitos legais

Abstract

This paper aims to identify the possible nature of paid compensation in public street rotary parking areas, with emphasis on the “Zona Azul” system adopted in Fortaleza-Ceará. Currently, many municipalities in Brazil and in the world use this technique to regulate the use of parking spaces on public streets, restricting it by imposing a time limit and the payment of a predetermined value. However, such restriction is adopted differently by various municipalities, since the legal nature of the fee charged is difficult to characterize. In order to do so, we will analyze government revenues, distinguishing them by focusing specially on distinction between the original revenue from the derived revenue. Also, types of public goods as well as the way in which of they are managed by the state will be studied, always checking if the requirements for the use of public property by an individual are present, regarding in particular the possibility of charging for the use of these goods. And also the system used to regulate parking on public streets will be described with an emphasis on the system adopted in Fortaleza, as to define, in the end, which are the legal requirements for charging the users of “Zona Azul”, aiming at identifying its legal status: Tax or Price.