Decree-Law 647/76 of July 31 is clear. To be legal, a "fri-shop" must be at least 300 meters away from "places where the cult practice of any religion, schools, parks or kindergartens." Are prohibited from "display in the windows" pornographic or obscene and space name can not include "outrageous expressions or figures of public decency."

These establishments are regulated by a standard that was signed by Francisco da Costa Gomes, the second President of the Republic after April 25. The ordinance was even revised in 2006 - the shields gave way to euro, the Directorate-General for Economic Monitoring the ASAE.

Will, 35 years later, these restrictions make sense? "It is truly a standard retrograde and in total contradiction with the constitutional principles, such as free private enterprise," said the lawyer Carlos Ribeiro Monteiro, in a note sent by email to P3.

The same opinion has Master Lara, one of the mentors of the petition launched in 2008 by leaders of the store 's Master - Sexy Store . "Sexuality is already taught in schools. It is a law too old, "he says. The petition, which calls for consideration and amendment of existing legislation, it refers to the decree-law "presents obsolete terms that do not dignify the present living in the XXI century", taking "the total disappearance of this business."

And the pornographic magazines in the kiosks?

The ordinance in question is the realization of a previous ( Decree Law 254/76 of 7 April ) that, in Article 1. paragraph prohibits the display and sale in public places "pornographic or obscene, except in the circumstances and places provided. " "Here what is important to determine, since 'pornographic and obscene' is what the law is known as 'indeterminate concept', which is that the legislature meant," said the lawyer, for whom the phrase "no today the same meaning and scope it had in 1976. "

According to the introductory text of the online petition , currently standing, this variety of interpretations also felt by the supervisory bodies: "What for some is pornographic, for others it is not." The Master's, there are always very careful with showcase. Explicit objects are never displayed, but still had problems. "Once you have found a 'lingerie' super normal, we found in the window [a store] and commercial center, was obscene," said Lara.

If this standard were "taken to extremes," says Carlos Ribeiro Monteiro, also kiosks that are exposed in the windows pornographic magazines "would be subject to the terms of such" decrees.

Two years ago, in Coimbra, a "fri-shop" was closed by the ASAE because it was less than 300 meters of a temple of the UCKG, which came into operation one year after opening the store. The case went to court, which gave rise to the store, but the truth is that existing legislation does not include licensed establishments open and before any construction of churches, schools or daycare centers to less than 300 meters.

"Fri-shop" within 300 feet of a church? No! | P3 .

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