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THE Belo Horizonte City Council managed to stop, in Justia, the return of the operation of a Gym of gymnastics in Belo Horizonte. The Semper Viva Academy had obtained, in the first instance, a court order to resume operation during the COVID-19 pandemic. But PBH appealed the decision and the judge in Lourdes Rodrigues, from 8 Cmara Cvel do The Court of Justice of Minas Gerais suspended, on Tuesday, the effects of the mandate.
When resorting to the TJMG, PBH stressed that “the measures and restrictions determined by the Municipality are based on Technical and scientific criteria recommended by the health authorities. federal, state and international and, also, in the guidelines resulting from the own experience of other municipalities, states and countries with the confrontation of COVID-19 ”.
For the Municipality, the gym is not subject to any of the exceptions established in Municipal Decree nº 17,328 / 2020. Therefore, the establishment cannot receive students, being authorized only to perform internal work, with closed doors and a minimum scale of people strictly necessary for the maintenance of services, equipment and supplies.
The judge in Lourdes Rodrigues highlighted the competence of the Municipality to issue a restriction on economic activities under COVID-19. According to her, this competence is already expressly recognized by the Supreme Federal Court, in a requirement issued on April 8 of this year.
In granting the preliminary request, the magistrate said that “in summary, it seems that the Supreme Federal Court, in view of the Catholic scenario derived from the covid-19 pandemic, has highlighted the competence of municipal entities in health control, the one that certainly includes the issue of social isolation ”.
Bolsonaro’s Decree
On Monday, the President of the Republic, Jair Bolsonaro, issued a decree that includes gyms, hairdressers and beauty salons on the list of essential activities authorized to operate during the coronavirus pandemic.
However, in line with what the STF has already decided, the mayor of Belo Horizonte, Alexandre Kalil (PSD) determined that the municipal decrees that determined the quarantine are still in force.
“Of course, we are talking about an incidental decree since the Supreme Court has declared that it is the responsibility of the regular mayor what is essential or not. This creates great insecurity. What we wanted was strong leadership, nobody here wants to lead anything, nobody wants to be the owner of anything, ”Kalil said in an interview with GloboNews on Tuesday.
He made it clear that maintaining isolation measures in the mining capital. “But in Belo Horizonte, we have already determined what the essential services are and we will continue our constant journey,” said the mayor.
The PBH manifested itself through a note, in the following terms: “The Belo Horizonte City Council clarifies that, following the sentences of the Supreme Court on the subject, the municipal decrees continue to apply as published.”
