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RIO – The Labor Justice granted a judicial order this Thursday, suspending the return to school in private schools and colleges in Rio de Janeiro until there is a vaccine or some kind of proof that the reopening of educational establishments is safe for teachers, students and society. Schools and universities that summon teachers for activities and face-to-face classes can receive a daily fine of R $ 10,000.
It should be noted that the return to classes represents a significant agglomeration of people in the same closed environment and in public transport, when compared with other activities in which the return has already occurred, even with restrictions, highlighting, still, that it is the involving, to a large extent, children, who will not always be able to adapt to health criteria ”, declares judge Elísio Correa de Moraes Neto in the sentence.
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The lawsuit was filed by the Union of Teachers of the Municipality of Rio de Janeiro against the State of Rio de Janeiro, the Union of Basic Education Establishments of the Municipality of Rio de Janeiro (Sinepe-Rio) and the Union of Maintenance Entities of Educational Establishments Superior of the State of Rio de Janeiro (Semerj). The request for precautionary measure also provides that the first accused, that is, the State Government, is sentenced to issue a new decree suspending face-to-face classes.
The return to classes in the private school system was scheduled for next Monday the 14th, according to a decree published on August 20 and whose determinations were reiterated in another official publication, on September 4. But the magistrate considers that the goals for the resumption of classroom activities, set by the state government, have not been achieved.
“Although there is still no concrete modification of the events that gave rise to the restrictive measures, the explanatory statement of State Decree 47,250 of September 4, 2020, established a forecast for the resumption of face-to-face classes, based on premises such as the reduction of the curve of cases of Severe Acute Respiratory Syndrome and in increasing the capacity of the State to meet the demand for hospital beds ”, he details.
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Finally, the text supports the urgent nature of the court order to suspend face-to-face classes “until the vaccination of teachers and students in the manner established in Law 8991/2020 or until it is demonstrated, specifically, by means of a technical study or another of so that there is no risk for students, teachers and society ”.
The director of the legal department of Sinpro-Rio, Elson Paiva welcomed the decision. The request for emergency assistance was submitted Thursday morning and the court order was granted shortly after 6 pm.
– The decision is in line with what teachers ask for, which is more responsibility for the reopening of schools, with health security for workers and for children, youth and adolescents in school activity. There is no way to resume activities without testing, without the protocols being guaranteed, without the rates having dropped and the practices being well defined and safe – he says.