See reasons presented for the release of alcohol in bars of BH – Gerais

12/12/2020 Business, Health

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Affiliated bars and restaurants — Abrasel-affiliated bars and restaurants were allowed to serve alcoholic beverages to customers in establishments (Photo: Alexandre Guzanshe / EM / DA Press)

On Friday night early (12/11), the justice issued a court order authorizing the affiliated establishments Brazilian Association of Bars and Restaurants (Abrasel-MG) publicize the consumption of alcoholic beverages in the respective stores in Belo Horizonte. The decision was published by the judge. Maurcio Leito Linhares, of the 1st Court of Hazañas of the Municipal Public Farm.

The favorable precautionary measure Abrasel was published less than 24 hours after the entity sued the Justice against the decree of the Belo Horizonte City Council (PBH), which came into force last Monday (12/7). The decree prohibited the consumption of alcoholic beverages in bars, restaurants and the like, as a measure to prevent COVID-19. But, after all, what were the reasons given in the decision?

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Right at the beginning of the conclusion, Judge Maurcio Leito Linhares drew attention to the following detail of Decree 17,484, of the PBH, which determines the prohibition of consumption: there was no support. The magistrate did not see any municipal or federal law that supports the decision published in the Official Directory of the Municipality (DOM).

“From the beginning, it is clear that there are no references in the legislation (extracts from the decree) to any legislation, municipal or federal, that supports the provisions contained in that decree, but rather to another municipal decree. Therefore, from the outset, it should be noted that there is no law that supports the decree in question, it is not difficult to see that, in Belo Horizonte, the decrees regarding the pandemic, since the beginning of the fight against it, have been supported by yes ”, published.

Range of activities

Another point that the judge took into consideration was the fact that the decree did not specify that the sale of alcoholic beverages in bars, restaurants and the like was responsible for the increase in COVID-19 indicators in Belo Horizonte. The magistrate drew attention to the amount of activities released in the mining capital.

“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 it is that really stimulates the increase in COVID-19 indicators,” he said.

Judge Maurcio Leito also said that there is an absence of inspection in public transport in Belo Horizonte, to avoid crowds in the buses. “He drew the petitioner’s attention to the maximum lot of public transport without any control and inspection by the PBH.”

Financial difficulties

In the decision, judge Maurcio Leito Linhares also says that, “with or without drinks, in theory, bars and restaurants will continue to be frequented.” However, the magistrate added warning that the establishments would lose income, reducing the ability to pay various debts and putting jobs under control.

The magistrate also says that there is no law authorizing the issuance of a decree, like the one Abrasel questioned. “Not even Federal Law No. 13.979 / 2020 admits a reasoning in this regard, even considering the definitions of” quarantine “and” isolation “, which, of course, has nothing to do with activity restrictions in general, apart of those involving people with suspected infection or actually infected people. In this context, therefore, this decree is not presented as an adequate means to implement this restriction ”.

Consequences for business and society

In another part of the decision, Judge Maurcio Leito Linhares spoke again about the measure taken by PBH in proportion, since the decree could result, in addition to the reduction in the number of clients, in loss of income, bankruptcy and unemployment ” . repeating itself occasionally in the food sector, which has already occurred in recent months in various sectors of the local economy ”.

“The fixation of the initial measures in removing people from the streets, shops and schools supposed an absurd increase in diseases of the most varied, being the most notorious those of a mental nature, especially in young people. I remember this situation as an example close to the result the disproportionality in the strict sense of the measures that closed, due to the “suspension” of ALF, a series of establishments in Belo Horizonte, “he said.

Free will and inspection

In the final part of the decision, the magistrate started from the point of free will, in which he stressed that most citizens are aware of the need to respect health protocols in any type of place, whether at home, on the street or in establishments. . In the latter case in particular, the merchants themselves, according to the judge, have been concerned about compliance with the rules.

“Therefore, in the previous context, disproportionality in the strict sense is accentuated even more, among other things because what the Public Administration must charge is precisely respect for health protocols, since it is not possible that, considering that not all They respect them, not a serious and punctual restriction, and nothing reasonable, aimed at a relevant sector of the economy of this municipality, in the case of bars, restaurants and the like, which exist here in huge quantities ”, he concluded.

Mandamus’s order was issued by the judge, on condition that bars and restaurants follow the health protocols drawn up by the Municipal Secretary of Sade (SMSA), which can be accessed, in its entirety, here. In case of non-compliance by the PBH, a daily fine was established, however, the amount was not reported.

As of the last update of this report, PBH had not yet been notified of the preliminary decision.

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