Questão jurídica principal
Whether the denial of a building permit for sex videocabins in a residential zone violated economic freedom
Decisão extraída
No. The zoning restriction was based on law, served public interests linked to residential amenity and ideational immissions, and was proportionate.
Fundamentação extraída
Municipal zoning rules allowed only non-disturbing work activities in the residential zone. A sex-oriented video business could be treated as incompatible because of abstract ideational immissions, even without proof of concrete nuisance.