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The prohibition of the sale of alcoholic beverages in Bars and restaurants of Belo Horizonte It begins to generate a career for the Judiciary. Until this Saturday, at least six establishments obtained in Justice the granting of precautionary measures to market beverages for consumption in situ.
In one of these processes, presented by the Code bar, located in Savassi, Belo Horizonte, South Wauner Batista Ferreira Machado, of the 3rd Court of Hazañas of the Municipal Public Fazenda of BH, alleged that “ The effects of alcohol in the extermination of viruses are notorious“(Sic). The judge also questioned what would be the difference between the consumption of alcoholic and non-alcoholic beverages, without taking into account that the effects of alcohol alter the behavior of people, who may violate safety protocols against COVID-19 .
“Alis, for contgio purposes, What is the difference between consuming alcoholic and non-alcoholic beverages?, are allowed? It is not believed that there is a distinction in this regard, when the virus enters the human body, through the eyes or the respiratory tract (nose and mouth). By the way, it should be the other way around, because The effects of alcohol in the extermination of viruses are notorious“Said the magistrate in the decision.
The judge also said that, for the mayor of Belo Horizonte, Alexandre Kalil (PSD) acted “disproportionately.”
“This is due to the fact that, in its way of acting, it unbalanced the application of the Constitutional Principles Sade and Livre Inciativa, by denying part of the essential activity of bars, restaurants, cafeterias and the like, that the consumption of alcoholic beverages in the place , as a form of recreation and relaxation. What was done was to impose that bars, restaurants, cafes and the like equated their activities with those of groceries and supermarkets, by allowing only the sale of beverages, but not consumption, ”said the judge.
In July, the same judge authorized the reopening of bars and restaurants in the capital of Minas Gerais, which were closed by order of the PBH. In April, already during the COVID-19 pandemic, Wauner Batista Ferreira Machado denied a request for doctors and other health professionals who are part of the risk group to be removed from work.
The other bars were authorized by the same magistrate to sell alcoholic beverages: the Taste-Vin bistro, the Boi Lourdes and the Costelaria Monjardim, in the district of Lourdes, in the Center-South region, the Uaimi, in Sion, also in the Central-South region, and Patorroco, in the Prado neighborhood, Regio Oeste.
Sector alleges crisis
Second Paulo Solmucci Junior, Executive President of the Brazilian Association of Bars and Restaurants (Abrasel), the entity has encouraged entrepreneurs to take legal action individually.
“Christmas Eve, all the bars and restaurants with no people inside. All those who do not have money to pay their salary, pay 13. The only solution is to fight for a court order. Although it lasts two days. better than nothing”
That Friday, Mayor Kalil declared that those responsible for closing bars and restaurants were the “irresponsible” businessmen themselves, who allowed settlements in establishments. Kalil also said that the legal battle will continue. “If he Justia to open the tavern for a spit on the other, as you already ordered and we had to go there, we are resorting”.
Solmucci used the mayor’s own words to counter him.
“The mayor does not want anyone to spit on others, but he is spit on our industry, with cruelty. Belo Horizonte is the only capital in Brazil that cannot sell alcohol. Has no sense. There is no waiter who receives the 13th who has money to pay for a Christmas dinner. They live on 10% and everything is empty ”.
Complete. “Where there is some movement in bars and restaurants that has never been respected and continues to be respected. The city, unable to inspect the bad owner, ends up punishing everyone. By the way, I don’t even know if they can be called bad, because everyone is so desperate … “
In early December, after PBH Abrasel filed a lawsuit in an attempt to free all establishments from selling beverages for local consumption. The entity even managed to obtain a precautionary measure, granted by the 1st Skills Court of the Fazenda Pblica Municipal da Comarca de Belo Horizonte. However, the decision was reversed three days later by the Minas Gerais Court of Justice (TJMG).
