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The TJ-SP (São Paulo Court of Justice) suspended today, in a preliminary decision, part of a state government decree that prohibited the sale of alcoholic beverages in São Paulo after 8 pm. The measure, signed by Governor João Doria (PSDB), was in force since last Saturday (12) and was intended to contain the advance of the coronavirus in the state.
Judge Renato Sartorelli’s decision addresses a lawsuit filed by Abrasel (Brazilian Association of Bars and Restaurants), which questioned the reasons that led Doria to ban the sale of alcoholic beverages at night. In addition to accusing the State of relying on personal opinions, the entity alleges that the measure affects free competition and free enterprise, principles set forth in the Constitution.
In the text sent to TJ-SP, Abrasel accuses the Doria government of relying on “prejudices” in the implementation of the Yellow Phase of the São Paulo Plan. “Without support in any type of research, study or scientific data, and based on mere conjecture and wrong personal opinion, the Executive Coordinator of the Coronavirus Contingency Center recommended to the Governor the unreasonable ban,” the document says.
In line with Abrasel, Sartorelli said he did not envision “any scientific study that establishes a cause and effect relationship between the sale of alcoholic beverages and contamination by covid-19,” also citing the economic losses caused to the banned bar and restaurant sector. .
“The WHO establishes that alcohol consumption is associated with a series of risk environments that make the individual more vulnerable to contagion of the coronavirus,” he told the Twitter the Secretary of State for Economic Development, Patrícia Ellen.
“They also report that alcohol consumption compromises the immune system, increasing the likelihood of becoming infected. Not to mention all the studies that list alcohol abuse as a risk factor for pneumonia and severe acute respiratory syndrome,” he added, denying the allegation. lack of studies to support the decision.
In a note, the São Paulo government explained that the suspension was adopted after specialists from the Coronavirus Contingency Center identified that young adults, between 30 and 50 years old, are currently the highest demand for covid-19 hospital beds. In addition, those between the ages of 20 and 39 represent 40% of the new confirmed cases in the state.
Limiting the sale of alcoholic beverages, therefore, would be a way to avoid overcrowding during nightlife and reduce the pollution levels of this portion of the population.
The entity compares the Yellow Phase with the Prohibition of Al Capone
Abrasel’s preliminary court order calls the São Paulo decree “dry law” and cites Italian mobster Al Capone, who lived between 1899 and 1947, as an example.
Dry laws never worked at one point in human history. In the time of Al Capone this was learned with great difficulty, but from time to time, here in Brazil, false moralists find a way to try to ban the sale of drinks, all with disastrous results, either for the economy, for the fact from illegality, either for public health, with people starting to consume clandestine products.
Excerpt from Abrasel’s application for protection
TO TwitterPatrícia Ellen said she was surprised by the attitude of the association because, according to her, there were several dialogues with the affected sectors, including herself and Governor João Doria who already met with the Abrasel. “It is quite surprising that after eight months of pandemic, we have these types of situations.”
We are talking about lives. It is not normal for a country to have 180,000 deaths and that we continue to make this type of comparison. There is something very wrong there. We all need to go home, put our heads on the pillow, and reflect on our role in controlling the pandemic. “
Patrícia Ellen, Secretary of Economic Development of São Paulo.
Other restrictions still apply
The TJ-SP precautionary measure only suspends the prohibition of the sale of alcoholic beverages after 8 pm, maintaining the other restrictions on hours and occupancy imposed by the state decree. This means that restaurants and convenience stores will be able to sell drinks after that time, but they will need to close at 10 p.m.
Bars close earlier, at 8 pm, and can only operate up to 40% of their maximum capacity. All of them must have tables with up to six people and comply with the protocols determined by health surveillance, such as temperature measurement, availability of alcohol gel and a minimum distance of 1.5 meters between tables.
Abrasel, however, has already indicated that he must file another lawsuit tomorrow, this time against the other restrictions of the yellow phase of the plan. In an interview with Twitter On Friday, Abrasel SP president Percival Maricato said the state was punishing “those who do their homework.”
Today, the president again pointed to street commerce as the cause of the increase in covid-19 cases in the state: “The media have constantly reported tens of thousands of people circulating in crowds on Rua 25 de Março, in Brás, in pancadões, beaches and crowded public transport, many people without masks, and until recently, crowded in the streets in full and lively electoral campaign ”.
Patrícia Ellen, however, says that the shops on the street close before the bars and there is a breach of protocols by all parties. “There are countless complaints of non-compliance in bars. The largest agglomerations with the largest transmissions are in bars and parties, especially illegal ”.
