Brazil Counsel

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That Sidewalk Is Yours

Sometimes we just need to take a break from discussions about serious business and legal issues. And today is one of those days. Don’t worry though - we’ll still focus on Brazilian law.

One of the things you learn when you live in Brazil (or just visit) is that the country treats sidewalks differently than we do in the US. Yes, we said sidewalks. Exciting, right?

We’re used to maintaining our lawn and our driveway. Local governments and associations have laws and rules that require homeowners to take care of their private property. If you don’t, you run the risk of being fined. But in Brazil, that responsibility extends a little further.

Brazil requires that homeowners maintain the sidewalk that runs in front of their homes. The potholes and the cracks are the responsibility not of the local government, as is typical of public property, but rather of each individual homeowner or condo building.

Ever wonder why the design or material changes along different sections of the same sidewalk? Ever see workers outside a condo in the morning sweeping and washing the sidewalk leading to their building? That’s why!

Each homeowner in Brazil is responsible for maintaining that section of the sidewalk that runs in front of their property. A 2011 municipal law (Chapter 3, Article 7) in São Paulo, for example, makes this clear. It also authorizes the issuance of a fine for those who don’t comply.

Keeping walkways accessible to the public is the government’s goal. Just don’t forget that it’s your responsibility.