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RIO – President Jair Twitter decree published on Thursday afternoon expanding the list of essential services amidst the pandemic of the new coronavirus, including civil and industrial activities and construction. The act was published in an additional edition of the Official Federal Gazette. Understand what changes.
Can President Jair Bolsonaro decide on essential activities?
Yes it can. The Union can discipline the problem, but will not give the last word alone. This is because Brazil is a federation and the competition between the Union, the states and the municipalities is competing. State and municipal governments also have management autonomy. The Constitution itself, in its article 30, establishes that it corresponds to the municipalities to legislate on matters of local interest.
The Executive has included the civil construction sector in the list of essential activities, what changes in practice?
In the city of São Paulo, the civil construction sector was already out of social isolation measures by decree of Mayor Bruno Covas, since March 24. In cities and states where the sector is prohibited from operating, the new decree can create pressure from employers in the construction industry on state and municipal administrators.
What happens if governors diverge from the federal government’s list of essential activities?
According to specialists in public and administrative law, Brazil, and the world, are going through a period of “provisional law”. Nothing is final. But if there is a specific stir regarding some activity included or excluded from the list of essential elements, those affected may turn to the Supreme Federal Court, which is responsible for interpreting the Constitution. The text of the Constitution does not make explicit what an essential service is or is not. There is only consensus on basic community services such as water, telephone, traffic, transportation, gas and fuel, in addition to health.
What changes for companies from a legal point of view?
So far nothing. The assessment is that President Jair Bolsonaro used the issue as a political showcase, to appease the mood of his electorate, which is lost to social isolation.
Sources: lawyers Júlio César Chaves, specialist in public law, and Marcus Vinicius Pessanha, specialist in administrative law
