Justice determines the return of the BH trade on day 4; town hall complexes – General



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Closed-door trade in the Buritis neighborhood, West Region of Belo Horizonte (photo: Juarez Rodrigues / EM / DA Press – 01/14/2021)

A Justia of Mines Gerais determined that the Belo Horizonte City Council (PBH) essentially reopens commerce, closed since last January 11 due to the increase in cases of COVID-19-19 in the city.

The decision was made by judge Wauner Batista Ferreira Machado on Monday (25). According to the document, the trade is not expected to reopen as of February 4. The judge indicates “abuse of power”.

“Article 1, of Law 12.016 / 2.009, establishes that a writ of mandamus is granted to protect liquids and certain rights, provided that, illegally or with abuse of power, any person is violated by the authority, whatever it may be. the category and any functions that existed ”, affirms the judge in the sentence.

Ferreira Machado still wonders in the decision: “What is the difference regarding the possibilities of contamination between people who attend a ‘trade and property management’ and others who attend a common business? Or, why is it preventing the operation of a room? tavern, due to its small space, another with hundreds or thousands of square meters?

The municipal administration has already appealed. “The Municipality of Belo Horizonte appealed the decision of the Justice that granted an amparo to the Union of Companies for the Promotion, Organization and Assembly of Fairs, Congresses and Events of Minas Gerais (Syndiprom-MG), “PBH reported in a note.

Last Thursday (21), the Court of Justice of Minas Gerais (TJMG) revoked the precautionary measure that allowed the operation of non-essential activities in Belo Horizonte, granted in the first instance at the request of Deputy Bruno Engler (PRTB). The decision is immediate.

Judge urea Brasil’s decision was published on January 20. The judge understands that Mayor Alexandre Kalil (PSD) fulfilled his responsibility to determine the closure of the business in general through a decree. He noted that Belo Horizonte is going through the “worst phase of the epidemic.”

“Because it understands that the measures taken by the Municipal Executive Power do not go beyond its autonomy and competence when determining the maintenance of the closure of commercial activity through Decree 17.523 / 2021, in the contested act there was no illegality,” he wrote. .

The judge also highlighted the importance of medication to prevent the advance of COVID-19. On the other hand, the periculum in arrears is manifestly the opposite, in the current species, since the agglomeration and reduction of social isolation caused by the reopening of trade could cause an even greater increase in COVID cases in the Municipality, which He is currently experiencing the worst phase of the pandemic, ”he said.

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