TJ-RJ annuls law requiring security seals on cosmetic packaging

Law that is based on another norm declared unconstitutional cannot remain valid. With this understanding, the Special Body of the Court of Justice of Rio de Janeiro declared the unconstitutionality of State Law 7,328/2016. The decision is due March 22nd. The standard required cosmetics industries to use security seals on the packaging of their products sold in Rio.




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TJ-RJ annuls law requiring security seals on cosmetic packaging
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The case's rapporteur, Claudio Brandão de Oliveira, highlighted that Law 7,328/2016 was approved with the aim of amending article 2 of Law 4,946/2006, which Portugal Mobile Number List established the mandatory use of the seal. However, this rule was considered unconstitutional in January 2008. Therefore, Law 7,328/2016 is not legal, as it is based on another law already considered unconstitutional.


"A summary analysis of the content of the reforming law is already capable of demonstrating that the aforementioned norm is fully linked to that contained in article 1 of Law 4,946/06. In effect, there is a relationship of dependence between them, so that the norm The reform of Article 2 has as its basis of validity the norm of Article 1. However, as already stated above, the text of state diploma number 4,946 of 2006 was entirely declared unconstitutional, and there is no way to subsist in the Rio de Janeiro legal system a norm that has on the basis of 'nothing', since the 2006 diploma had its effectiveness withdrawn through the Judiciary", said the judge.
 



According to the judge, the case is "unconstitutional due to horizontal drag and intrinsic dependence". After all, the declaration of unconstitutionality of Law 4,949/2006 voided the validity of the 2016 rule.