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Proposal Aims to Strengthen Minimum Requirement for Reserved Spaces for Seniors in Public and Private Parking Lots and Advances in Processing with Support from Two Committees of the Chamber.
The Chamber of Deputies is reviewing Bill 1972/2023, authored by Deputy Afonso Motta (PDT-RS), which amends the Statute of the Elderly to clarify that public and private parking lots, such as those of the Assaí and Carrefour supermarket chains, must reserve at least 5% of the spaces for individuals aged 60 and older.
The Statute of the Elderly, established by Law No. 10.741/2003, defines an elderly person as someone who is 60 years of age or older and encompasses a set of rights aimed at protecting this age group.
Among these rights is the reservation of parking spaces: Article 41 stipulates that 5% of spaces in public and private parking lots must be designated for seniors, in areas that ensure better convenience for this audience.
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In practice, this rule applies to collective use parking lots, which include supermarkets, shopping centers, commercial centers, and other private establishments open to the public.
Thus, chains like Assaí, Carrefour, and other retail groups are already subject to the general obligation to maintain marked and reserved spaces for elderly individuals.
The PL 1972/2023 does not create a new percentage of spaces, but modifies the text of Article 41 to establish that the 5% rate becomes a mandatory minimum threshold.
The proposed text ensures that, from this floor, local laws and the establishments themselves can increase the number of reserved spaces, without doubt about the possibility of exceeding the limit already stipulated today.
According to the justifications attached to the project, the author argues that the accelerated aging of the Brazilian population and the increased life expectancy demand adjustments in urban infrastructure, including the expansion of the supply of special spaces close to the entrances of establishments.
The goal is to reduce mobility barriers and enhance the safety of those who already face greater difficulty walking long distances in large parking lots.
Who Has the Right to Parking Spaces for Seniors
The Statute of the Elderly establishes that the rights provided therein apply to individuals aged 60 and older, a threshold adopted by traffic agencies and municipalities in issuing credentials for the use of parking spaces.
In general, to occupy the reserved space, the driver must carry the so-called Elderly Card, issued by the local traffic authority or the municipality, and display it visibly on the vehicle’s dashboard.
Even when the elderly person is a passenger and not the driver, the credential usually allows the vehicle to use the special space, provided the rules established by the municipality are followed.
This authorization, however, is personal and linked to the elderly person’s condition, and cannot be used by others in the absence of the holder.
If the reserved space is occupied by a vehicle whose driver does not prove their status as elderly, the Brazilian Traffic Code considers this conduct a serious infraction, subject to fines and vehicle removal.
Impact on Chains like Assaí and Carrefour
For large retail chains that operate spacious parking lots, such as Assaí, Carrefour, and other wholesaler and supermarket chains, the proposal consolidates an obligation that already exists in the legislation but is not always clearly observed in all sales points.
Since the Statute of the Elderly already requires the reservation of 5% of spaces in public and private parking lots, these establishments must ensure the minimum required, with appropriate horizontal and vertical signage and spaces distributed in areas close to the main access points.
By clarifying that the 5% percentage is a minimum and can be increased, PL 1972/2023 creates an opportunity for stores with high volumes of elderly customers to allocate more spaces, even exceeding legal requirements, without the risk of legal challenges.
Reports approved in the specialized committees of the Chamber emphasize that the project seeks to balance the limit of public intervention in private activities with the need to adapt urban spaces to the aging population.
The measure seeks to ensure that the minimum reservation of spaces is guaranteed nationally while preserving the authority of municipalities and the establishments themselves to expand them according to demand.
Processing of PL 1972/2023
The Bill was presented and distributed to the committees on Urban Development, Defense of the Rights of the Elderly, and Constitution and Justice and Citizenship, under ordinary procedure, with conclusive consideration by the committees.
In the Committee on Urban Development, the text received a favorable opinion from the rapporteur, Deputy Natália Bonavides (PT-RN), who proposed an amendment to clarify even further that the establishment can, if it chooses, offer additional spaces beyond the minimum percentage.
This amendment was incorporated into the substitute approved by the committee in a deliberative meeting held on September 10, 2025.
Subsequently, the proposal went to the Committee on Defense of the Rights of the Elderly.
The rapporteur, Deputy Luiz Couto (PT-PB), recommended the approval of the text along with the amendment adopted in the CDU.
The opinion was approved in a meeting on October 22, 2025, consolidating the understanding that the reservation of spaces should be seen as a floor, not a ceiling, for the protection of elderly individuals.
After approval in the two thematic committees, the project was forwarded to the CCJC, which received the matter on October 29, 2025, and still needs to appoint a rapporteur for the analysis of constitutionality, legality, and legislative technique.
So far, there is no record of appeals to take the text directly to the Plenary, maintaining the logic of conclusive consideration.
If the CCJC approves the project without modifications and there is no appeal, the text will go to the Federal Senate, where it may be confirmed, modified, or archived.
Debate on Enforcement and Compliance
Even with a relatively clear legal framework concerning spaces designated for elderly individuals, enforcement of compliance with the rules by establishments and drivers still poses a challenge.
In large parking lots, such as those of hypermarkets and wholesaler chains, the correct sizing of spaces, visible signage, and usage control depend on both private management and municipal traffic authority actions.
PL 1972/2023 does not alter the penalty regime for drivers who unlawfully utilize reserved spaces, nor does it create specific sanctions for companies.
Penalties remain those outlined in the Traffic Code, encompassing serious fines and the possibility of vehicle removal.
The proposal also does not affect the percentage reserved for individuals with disabilities, regulated by specific accessibility standards.
Nonetheless, by stating that the 5% percentage is a minimum, the measure tends to reduce interpretive doubts regarding the application of the Statute in privately owned collective-use areas.
The clearer the legal text, the simpler the enforcement and compliance requirement tends to be for consumers, the Public Prosecutor’s Office, and consumer protection agencies.
In this context, one question remains prominent: Are establishments with high traffic, such as supermarkets and wholesaler chains, prepared to guarantee this legal minimum and expand it when local demand requires?
O descumprimento desse direito é impressionante, principalmente por jovens!!! Não adianta nada implantar leis, sem que haja a devida e necessária fiscalização das mesmas. Infelizmente o brasileiro só respeita a legislação, quando ela dói no bolso e não por consciência.
Mais no mercado e fazer compras que não PG estacionamento tem por esta lei nos shopping que a gente consome e ainda temos que paga um absurdo de estacionamento
O Assai tem usado uma tabela onde te obriga a comprar em um certo valor para ter direito ao estacionamento, causando constrangimento ao usuário.
A lei é clara em dizer que não importa o valor comprado para ter esse serviço.
Vejamos o que diz o Procon:
principal delas é que, segundo o PROCON, tanto em lojas quanto em supermercados, o cliente tem direito ao estacionamento gratuito pelo período em que estiver em compras. Não há limite de tempo, ou de valor em compras, para haver essa gratuidade.
Peço que seja revisto isso pelas nossas autoridades, estão fazendo o que bem querem, se aproveitando da falta de conhecimento do público.