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BRASÍLIA – President Jair Bolsonaro again criticized the restrictive measures against Covid-19 on Tuesday and compared them to a state of siege, a measure that allows restrictions on rights or exceptional acts to contain some type of damage to public order. Bolsonaro said that he “plays within the Constitution,” while other officials operate within the limits of the law.
– What I see, let’s talk about the limits of the Constitution. Inside, the right to come and go, as well as the right to work, are found in the stone clauses. When people talk about a state of siege, people say it’s me. I cannot decree. Who decrees is the parliament. There is no such thing – said Bolsonaro.
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The mechanism of the state of siege can be activated by the president, but it depends on the authorization of the National Congress, in cases of war or serious commotion.
– Even in a state of siege I have limits, it is due to a complicated situation of disorder, riots in any part of Brazil. But municipal decrees cannot go beyond the state of siege. I play within the constitution. Some authorities have not been playing within the limits of the Constitution for some time, ”said the president.
In the Chamber, the leader of the PSL, Vitor Hugo (GO), who is an ally of Bolsonaro, initiated a movement to try to guide a project that, if approved, would give the president the power to activate the National Mobilization device during the pandemic. This means that, in the face of a health crisis, the president could interfere and expropriate private production, in addition to mobilizing military personnel for actions determined by the federal government.
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The proposal would pave the way for Bolsonaro to act in a defined “geographic space” in the fight against the pandemic. Today, governors and mayors are responsible for the restrictive isolation measures.
The mechanism is provided for in the Constitution and was regulated in a specific law in time of war. Like the decree of the State of Defense or State of Siege, the National Mobilization can only occur with the request of the President of the Republic and approval of the Congress.
About ten days ago, in a lawsuit filed with the Federal Supreme Court (STF), Bolsonaro compared the restrictions imposed by the governors with the state of siege. According to Bolsonaro, there is no legal provision for a curfew that has been adopted in some states. The action was signed by the president himself, but was finally rejected by Minister Marco Aurélio Mello.
