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Dispute For Shade, Approaches On The Sand And Advance Charges Have Become Routine On Paulista Beaches During The High Season, With Reports Of Minimum Consumption, Restricted Use Of The Beach Strip And Pressure On Tourists In Crowded Destinations In The Northern Coast And The Baixada Santista.
During the high season, guaranteeing shade and space on the sand has become part of the challenge for those visiting the beaches of the São Paulo coast.
In cities like Ubatuba, São Sebastião, and Guarujá, tourists report approaches even upon arrival at the beach, with demands for upfront payment to use umbrellas, tables, and chairs, along with additional charges for bathrooms and showers, according to a report published by Folha de S.Paulo.
According to local governments and consumer protection agencies, conditioning the use of facilities to minimum consumption is considered abusive practice and is illegal, as stated in the investigation by the newspaper Folha de S.Paulo.
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Beach Strip Occupied And Approaches Upon Arrival
At Tenório Beach, in central Ubatuba, the scene is apparent from the first steps towards the sea.
The beach strip appears occupied by rows of umbrellas, accompanied by tables and chairs, significantly reducing the free space for those who just want to lay out a towel or walk.
With circulation compromised, many beachgoers walk along the water’s edge, sometimes getting their ankles wet, while vendors serve along the shoreline.
In this context, approaches have become frequent even before choosing where to stay.
Attendants offer “a place in the shade”, starting a conversation that, according to reports, quickly evolves into charging.
Upon accepting the setup, the visitor is informed of a minimum consumption fee between R$ 130 and R$ 200 for a couple, depending on the kiosk and the day.
The explanation often links the amount to a portion of fish or a meal, with the possibility of sharing between two people.
For larger groups, the required fee can increase, along with the number of chairs and tables used.
Payment, tourists say, occurs before the setup under the umbrella.
Thus, it has become common to see credit card machines in hand during the approach.
In addition to the main fee, some establishments mention extra charges for bathrooms and freshwater showers, with amounts ranging from R$ 5 to R$ 10, depending on the notice at the site.
Minimum Consumption And Classification As Abusive Practice
At the heart of the controversy is the requirement for minimum consumption as a condition for access to the infrastructure of the stalls.
According to guidelines from consumer protection agencies, this linking characterizes tying sales, a practice prohibited by the Consumer Defense Code for requiring the purchase of one product or service to obtain another.
On the other hand, direct charges for renting tables, chairs, and umbrellas are permitted.
In this case, the consumer must be informed in advance and should have real freedom of choice, without indirect impositions.
At central beaches in Ubatuba, renting these items can reach around R$ 70 per day during the high season.
Still, the distinction between rental and mandatory consumption is not always clear upon first contact.
When the sand is already full and the heat intensifies limits alternatives, the impasse often arises at the moment of the approach.
Charge Of R$ 350 On A Crowded Beach In Ubatuba
The situation is repeated at various points along the northern coast.
At Praia Grande in Ubatuba, a group of friends from Campinas reports being charged R$ 350 to spend the day in a space with six chairs, two tables, and one umbrella, as detailed by the newspaper Folha de S.Paulo.
The episode occurred on a crowded beach Sunday, with temperatures above 35°C, when, according to the group, almost the entire beach strip was occupied by early afternoon.
“We accepted because there are many of us, and it can be split,” said vendor Henrique Santos, 25. “But it’s an abuse,” he added.
After payment, the friends still tried to find a free spot in the sand. According to the report, the number of structures set up made it difficult to find available space.
Similar Reports In São Sebastião And Northern Coast
Similar complaints arise at other highly sought beaches in the region.
Even where the practice is not widespread, tourists report having been notified of minimum consumption to sit at stalls set up on the sand, especially in more contested areas.
In São Sebastião, visitors report that some kiosks adopt a similar dynamic to what is observed in Ubatuba.
Maresias and Boiçucanga appear among the locations with the highest number of complaints.
Student Naiara Souza, 23, recounts that, upon approaching a stall with a friend, she was informed of the necessity to consume at least one portion, in a report made to the newspaper Folha de S.Paulo.
Faced with the requirement, the two gave up and sought an alternative under the shade of a tree a few meters away. “We already paid a lot to be here; the beach is public,” she stated.
Guarujá Varies With Weather And Traffic
In the Baixada Santista, the scene changes according to the weather and visitor flow. In Guarujá, rainy periods reduce the presence of umbrellas and chairs set up on the sand.
With less movement, the pressure to occupy space tends to decrease.
When the sun returns and the beach fills up, tourists report charges that can reach R$ 200 per day in some areas.
These amounts are similar to those practiced on the northern coast. Despite the variation, consumer doubt remains about what can or cannot be required on the shoreline.
City Halls Reinforce Prohibition And Guide Complaints
In response to complaints, the city halls of Ubatuba, São Sebastião, Guarujá, Santos, and Praia Grande reiterate that it is prohibited to require minimum consumption as a condition for the use of chairs, tables, or umbrellas.
The municipal administrations advise tourists to contact Procon in case of irregularities. The local government is responsible for enforcing the use of the beach strip.
In Santos, the city hall reported receiving 39 complaints related to undue charges during the summer.
According to the administration, three vendors were summoned after the complaints.
In Guarujá, the city hall claims to have intensified inspections in light of the increased flow of tourists.
Limits And Rules For Using The Beach Strip
In addition to the discussion about minimum consumption, municipalities have regulations to contain irregular occupation of the beach strip.
In Santos, a municipal decree updated in December detailed rules for authorized vendors.
The text establishes limits on umbrellas and chairs per cart and bans the requirement of minimum consumption.
On the northern coast, Ubatuba reports having its own legislation that limits the number of equipment per licensed vendor.
The city hall emphasizes that charging minimum consumption as a condition for using tables, chairs, or umbrellas is not allowed.
In São Sebastião, the administration points out that the rental of tables and chairs in public spaces is prohibited by municipal law.
In Praia Grande and Guarujá, the city halls also state that items can only be set up at the customer’s request.
The measure seeks to prevent the advance reservation of space on the sand.
With crowded beaches, intense heat, and increasingly less space available, enforcement and clarity of rules take on a weight similar to the amount charged on the sand.
Where does the right of the merchant to offer infrastructure and charge for it end, and where does undue restriction to access to a public space begin?
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