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SP: Chamber approves fine for those who donate food to homeless people; Understand

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Homeless peopleReproduction: Agência Brasil

The bill that provides for a fine of up to R$ 17 thousand to those who donate food to homeless people was approved in the first vote yesterday (26) by the São Paulo City Council. Approval took place in 34 seconds.

PL 445/2023 was approved during an intense series of votes in the São Paulo City Council, where 73 proposals were approved over the same night.

The law establishes rules for both NGOs and entities and individuals. See the regulations:

  • Authorization from the Municipal Secretariat of Subprefectures;
  • Authorization from the Municipal Department of Social Assistance and Development (SMADS);
  • Registration of all volunteers present in the action with SMADS;
  • Clean the entire food distribution area and provide tents, tables, chairs, cutlery, napkins and “other tools necessary for safe and dignified food, subsequently taking responsibility for the proper cleaning and cleanliness of the place where the action was carried out”.

Entities and NGOs must:  

  • Present the corporate name of the entity registered and recognized by the competent bodies of the municipality;
  • Presentation of an updated document with information on the administrative framework of the entity, with names and positions of the members. in addition to the RG;
  • Registration of people in situations of social vulnerability and updated SMADS information;
  • Use the entity’s badge at the time of food delivery;
  • The documentation of NGOs and entities must be notarized or accompanied by a certificate of veracity.
  • The document also determines that the place where the food will be prepared must be inspected by the Health Surveillance.

According to the City of São Paulo, there is currently no requirement for a Term of Use Permission (TPU) for the distribution of food to the homeless. The municipal administration added that the project will be evaluated by the mayor if it is approved in a second vote.

What does the city of SP say?

“The City of São Paulo informs that the Bill is still under discussion in the City Council of São Paulo and will be analyzed by the mayor if it is approved in a second vote. Currently, there is no obligation to have a TPU (Term of Permission to Use) to deliver food to homeless people. The municipal administration maintains two Food Security programs that deliver meals to vulnerable populations in all regions of the city.   At the Center, the School Kitchen Network program provides at least 400 meals a day from Monday to Saturday through five social organizations: https://www.prefeitura.sp.gov.br/cidade/secretarias/direitos_humanos/rede_cozinha_escola/index.php?p=351251.

Through the Citizen Kitchen Network Program, 2,400 meals are distributed in the central region from Monday to Sunday: https://www.prefeitura.sp.gov.br/cidade/secretarias/direitos_humanos/rede_cozinha_cidada/index.php?p=352740″.

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