Questão jurídica principal
Whether the municipality’s permit practice for the funfair ride violated the equality of competitors under economic freedom.
Decisão extraída
The Federal Supreme Court held that choosing the clearly more attractive 44 m Ferris wheel for the major autumn fair was not unconstitutional; the municipality could prioritize the best offer and refer smaller operators to the spring fair.
Fundamentação extraída
Stand allocation on public ground must respect economic freedom, but municipalities retain a selection margin where capacity is limited. Here the offers were not equivalent, the larger ride better matched the event and public interest, and the differential treatment remained proportionate.