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The president of the Superior Court of Justice (STJ), Humberto Martins, denied on Saturday (2) a request from two Brazilians who were trying to return from Punta Cana, in the Dominican Republic, without first having an examination to detect covid-19. In a mandamus order, with a request for an injunction, the couple wanted to suspend part of an ordinance issued by the federal government on December 23, which requires the presentation of the negative result to enter Brazil.
The flight back to the country was scheduled for Saturday afternoon, but the Brazilians say there is not even a laboratory in the city that performs the test. In the request denied by the president of the STJ, they requested to carry out the RT-PCR type test, which detects the active virus in the body, upon arrival at Guarulhos airport (SP).
In the decision, Martins says the ordinance is not illegal. Furthermore, it states that “it is not reasonable” to authorize the boarding without the Brazilians having complied with “the restrictions imposed exceptionally and temporarily by the authorities considered coercive, to the detriment of the community.”
According to the ordinance, the exam must be taken within 72 hours prior to departure. The norm entered into force on December 30 and was signed by the ministers of the Civil House, Walter Souza Braga Netto; Justice and Public Security, André Luiz de Almeida Mendonça; and Health, Eduardo Pazuello.
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