Can the bar veto the entry of children with their parents? Understand the conflict

The discussion gained social media after a mother with a five-year-old son was once barred from entering the central region of Sao Paulo.

Playback / Instagram / @ Mudabar
Muda is one of the most popular hippest bars in Santa Cecilia, Central Sao Paulo.

Last Saturday afternoon, the 2nd, actress and photographer Marcel Seruti was barred from entering one of the new “cool” bars. Sao PauloMuda Bar, in Santa Cecilia, to stay with her son Luke, Baby Five years. Invited to a friend’s birthday party, Cerutti couldn’t even “stop” inside to greet the birthday girl who had to go to the door to talk to him. The actress then complained about the company’s attitude on social media, sparking controversy. The Liquor store It is fair to note in an official note that, with legal advice, it has decided that the place is not suitable for minors, even with parents or guardians. Attitudes are not supported by law: an institution cannot refuse the admission of children unless it is in the case of a presentation that is unsuitable for the age set by the appropriate institution.

The company’s note has sparked further criticism. Serutti reinforces one of his points: Whenever babies are left out of a place, so are mothers. Considered one of the city’s “hipster” spots and frequently seen by visitors seeking to be included as a price, Mডuda has beach chairs, an open space with scattered gravel and neon lights on the floor, political location in addition to graffiti. The place even acknowledged the presence of dogs. But the omission of minors, despite being with their parents, became the subject of accusations and criticism.

There are provisions in the Federal Constitution, the Consumer Defense Code (CDC) and the Statute of Children and Adolescents (ECA) that may apply. Article 3 of the Constitution indicates that the welfare of all must be promoted, and mentions a number of superstitions which cannot be created between them due to age; The CDC noted that an organization cannot refuse to provide services to a customer willing to sell or pay for a product, which is classified as an abusive practice; And the ECA establishes that it is everyone’s duty to prevent children from going through certain situations, including offensive or embarrassing behavior. Regarding inappropriate presentation, Article 220 of the Constitution establishes that it is up to the public authorities, not the venue organizers or owners, to inform about the nature of the event and to determine the age at which it is prohibited. In a post on social media, Cerutti said that Luca understood what had happened and that he had tried to dissuade Miuda from blaming her.

“It’s not that the place is served with alcoholic beverages that children and adolescents will not be allowed to enter. Otherwise, they will not be able to enter, as even alcoholic beverages are served in bakeries, “said Jose Pablo Cortes, a consumer defense expert. Explains how the restrictions that can be imposed to protect children from inappropriate presentation are defined. “Imagine an organization that has snooker, like billiards. In this case, children are not allowed to enter and stay. Or an organization where, from a certain time, there are shows where the age rating is 14, 16, 18 years… the problem is not the time, but the activity performed. If this activity for adults is from a certain time, the place usually opens from a certain time. But later, if there is going to be a show for adults, it could be a comedy show with heavy jokes, which are classified as unsuitable for certain ages, then they have a responsibility to comply with the ECA and prevent minors from accessing it. “

Regarding the possibility of the existence of physical risk, Curtis noted that the organization must protect the integrity of all customers. “If the child enters his institution, he stays with his parents. Now, the general obligation of an organization is to avoid risk for everyone. Every economic activity has risks associated with these activities and suppliers are purposefully responsible, that is, regardless of the fault, they are responsible for the risk to consumers, any one of them. A party space for children, for example, where there are toys, all care must be taken so that these toys do not cause any accidents. “

Experts further assess that there may be “kids spaces” designed for children, but they should not be limited to them. “The child has the right to be with the parents, to sit at the same table under their care. If they want to open a place for children, where they can enter and leave voluntarily and parents can keep space with them and there, I see no problem. What I don’t understand is that the place is where the child has to live, separated from the parents, “he said. Curtis also said that in the case of Serutti, documenting what happened, talking to witnesses and possibly recording it, but in a calm and thoughtful way, if a solution is needed to negotiate or write a representation. Procon (Fundação de Proteção de Proteção and Consumer Protection) or in court. Wanted by Young PanProcon-SP said it would ask Muuda for clarification before deciding to take any action.

Anna Claudia Araujo, one of Mewder’s partners, reported on social media that the bar had reversed its decision to bar children from entering. Araujo apologized to those who did not show up before December, when the measure was adopted, and explained that the ban was accepted for fear of injuring a child, but after the debate, they realized that the parents or guardians were the ones who could be the youngest. Places should be defined. The bar was closed on Wednesday and Thursday to organize for the new operation. On the other hand, Cerutti helped promote a meeting, Levante Materno, which will be held this Sunday, August 10 in the park in Augusta, with a picnic and samba circle, where mothers can stay with the kids to identify where there should be no restrictions.

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