Justia grants BH bar injunction for alcohol consumption – General

12/19/2020 Brazil



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Bar obtained authorization
Bar obtained legal authorization for consumers to consume alcoholic beverages on the site (photo: Tulio Santos / EM / DA Press)

A bar, located on Avenida Prudente de Morais, in the Central-South Region of Belo Horizonte, obtained a court order authorizing customers to consume alcoholic beverages in the place. The decision, issued by the 1st Court of Exploits of the Fazenda Pblica Municipal da Comarca in the capital of Minas Gerais, came to light this Friday night (12/18).

The precautionary measure was granted by the judge Maurcio Leito Linhares, which also confirmed the writ of mandamus presented by the Brazilian Association of Bars and Restaurants (Abrasel-MG) last week and shot down the next day. The reasons that the magistrate took into account to release the consumption of alcoholic beverages at the bar did not differ either from the facts presented in the Abrasel-MG action.
The judge cited part of Decree / 17,484, of Belo Horizonte City Council (PBH), which prohibits the consumption of alcoholic beverages in bars, restaurants and the like, noting that “there is no reference to municipal or federal legislation that supports the provisions contained in that decree.” The magistrate also understood that the municipal executive did not present sufficient facts to link the increase in the number of COVID-19 in the capital of Minas Gerais, alcohol consumption in establishments, since various activities operate in the city.

“The dynamics of a complex society like that of Belo Horizonte includes such a large number of activities that it is difficult, if not impossible, to define what really stimulates the increase in COVID-19 indicators,” published the judge.

The magistrate also pointed out that the prohibition of the consumption of alcoholic beverages in the place may result in “a reduction in the ability to pay the most varied debts and keep employees.” The judge stressed that the bar must follow sanitary regulations to allow the consumption of alcoholic beverages in the place and established a daily fine – without informing the amount – in case PBH does not comply with the precautionary measure.

Wanted by State of Minas, the Belo Horizonte City Council reported that it has not yet been notified in court.

City council ban

The ban began on December 7. The decree published by the Municipality of Belo Horizonte in the Official Directory of the Municipality (DOM), nº 17,484, signed by the mayor Alexandre Kalil (PSD), took into account “the systematic analysis of epidemiological indicators and healthcare capacity carried out by the Committee for the Covid-19 Epidemic Coping.”

According to the decree, bakeries, cafes, bars, restaurants, canteens, clubs, ice cream parlors can continue to serve food to customers on the spot, less alcoholic beverages. The restriction also applies to public or authorized fairs on public and private properties in Belo Horizonte.

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