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Minister Luiz Fux, president of the STF (Supreme Federal Court), today annulled the preliminary decision that had suspended the ban on the sale of alcoholic beverages in São Paulo after 8 pm. The measure, signed by Governor João Doria (PSDB), came into force last Saturday (12), after being suspended two days later, and was intended to contain the advance of the coronavirus in the state.
“(…) I grant the preliminary order to suspend the effects of the resolution issued in the file of the Mandamus Collective Order No. 2294495-23.2020.8.26.0000, pending before the Court of Justice of the State of São Paulo, in order to restore full force of State Decree No. 65,357 / 2020, issued by the Governor of the State of São Paulo ”, determined Fux.
The decision responds to an appeal filed by the PGE (State Attorney General’s Office) to the action of Abrasel (Brazilian Association of Bars and Restaurants) in TJ-SP (São Paulo Court of Justice). The organization questioned the motives that led Doria to ban the marketing of alcoholic beverages at night, accusing the state of relying on personal opinions.
On the occasion, Judge Renato Sartorelli accepted the arguments presented by Abrasel and said he did not see “any scientific study that establishes a cause and effect relationship between the sale of alcoholic beverages and the contamination by covid-19”, also citing the economic losses caused to the sector of bars and restaurants with the ban.
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 new confirmed cases in the state.
Limiting the sale of alcoholic beverages, therefore, would be a way to avoid crowds during nightlife and reduce the levels of contamination of this portion of the population.
Now, with the decision of the STF, the establishments must stop selling alcoholic beverages after 8:00 p.m., in addition to respecting the other restrictions on hours and occupation imposed by the state decree and that were not suspended after the judicial order of the TJ-SP .
This means that restaurants and convenience stores continue to close at 10pm, while bars close at 8pm. All can only work with up to 40% of their maximum capacity, with tables for up to six people and complying 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.
Pandemic numbers
According to data updated yesterday by the state government, São Paulo has 1,361,731 infected with covid-19 since the start of the pandemic, in addition to 44,681 deaths. The capital of São Paulo alone registered 377,507 cases and 15,175 deaths.
The occupation of beds in the state is 61.6% in ICUs (Intensive Care Units) and 46.3% in wards, according to the government. In the Metropolitan Region, these rates are even higher, with 67.1% and 57.4%, respectively.
