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RIO – Although bars, restaurants, gyms and shopping centers function normally, students remain without face-to-face classes, victims of a legal battle that seems far from over. This Monday, when the private network, authorized by the State, resumed activities -an protection that prevented the opening was canceled on Sunday by the Regional Labor Court-, a new turn in the afternoon left teachers, students, parents and leaders. of educational establishments aimlessly. Judge Peterson Barroso Simão, of the Court of Justice (TJ), determined that the private school system of the city of Rio must remain closed.
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The magistrate considered that the return of private schools to the public network violates the principle of isonomy. The decision left the already troubled process even more confusing. That is because he gave his opinion in relation to a lawsuit that is pending in the TJ, and that has a court order suspending classes. The other trial, which takes place in the Labor Court, has, however, a favorable ruling on the return to face-to-face classes.
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Faced with the two contradictory decisions, the State hit the nail on the head and said, in a note, that the return, which it had authorized for all, is no longer valid for the capital’s schools, “which awaits a decision from the Superior Court or a judgment of bottom of the Third Room. Civil law TJ-RJ ”. The measure, however, according to the State, may be implemented in other municipalities, optionally, from this Monday. State public schools will reopen from October 5, only in regions with low Covid-19 contamination.
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According to the president of the Court, Judge Claudio de Mello Tavares, the decision on the merits of the judicial action should be known soon, putting an end to the legal insecurity faced by private establishments:
– There is no conflict of decisions. The Regional Labor Court ruled on the State, but what is valid so far for the city of Rio is that until a judgment on the merits is issued, which should take place soon, the return to school is prohibited.
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Álvaro Trevisioli, specialist in Cooperative Law and Labor Relations, believes that the decision should rest with the STF, since the city appealed to the Court:
– There is a real confusion of jurisdiction and jurisdiction. This is a conflict that is happening in Brazil. And the population is left without information. Basically, it is doctors and scientists who must say how and when schools should reopen. But, in my opinion, the decision of the Court should prevail.
The experts diverge
For the constitutional lawyer and teacher in Public Administrative Law from Fundação Getúlio Vargas, Vera Chemim, the decision of the Regional Labor Court overlaps with that of the TJ-RJ:
– Being a Court that represents a specialized Justice, it ends up superimposing the Court that judges, in general, various issues.
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If in the legal sphere the mess is great, in the student house it is even greater. Mother of two students from the Escola Nova, one in 6th grade and the other in 9th grade, Mariane Galvão says that the commandments are playing with the emotional state of children and parents:
– Families are fully prepared and eager to return, and guardians have the option of sending their child to school or not. And the judges issue injunctions at the last minute, bringing great frustration to the children, who already had their bags ready. Everything is open in Rio de Janeiro, except the schools, which is what we need the most.
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According to a survey by the Union of Teachers of the Municipality (Sinpro), 18 schools – out of a thousand – returned to work this Monday. Most, however, had low student attendance. At the Escola Nova, in Gávea, where Mariane’s children study, only 60 of the 900 students attended. The situation was not very different at the Escola Porto Real, in Barra, which also opened its doors. Taking advantage of the confusion, even the Military College, which is not private, returned to its activities. Disgruntled civilian teachers announced a strike.
In a meeting this Monday night, the Union of Private Schools (Sinepe) decided that it will be each school that decides whether to open or not. There will be no official union position.
Diego Amorim and Rodrigo de Souza collaborated
