STJ denies the appeal and maintains the requirement of proof against Covid-19 travelers



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Professional applies RT-PCR test to detect the new coronavirus
Professional applies RT-PCR test to detect the new coronavirus
Photo: Callaghan O’Hare / Reuters (June 23, 2020)

The Superior Court of Justice (STJ) denied on Saturday (2) an appeal from two Brazilians who are in the Dominican Republic and cannot return to the country for not having a negative result in the Covid-19 test.

Since last Wednesday (30), Brazil has required all international travelers who try to embark towards the country, including Brazilians, to present a test for the new coronavirus with a negative result.

When appealing to the STJ, the two Brazilians claim that laboratories in the Punta Cana region are not available to perform the RT-PCR test, which is required by the federal government decree.

More than just their specific case, the two travelers asked the court to suspend the validity of the rule.

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The defense proposal, denied by the president of the STJ Humberto Martins, was that the couple do the test as soon as they landed in São Paulo, in a laboratory located inside the Guarulhos Airport, in the metropolitan region of the São Paulo capital.

In his decision, Minister Humberto Martins argued that the imposed rule serves the interests of the collective of Brazilian society and cannot be revoked because it is not an individualized imposition against passengers, but something of a general nature.

“Ordinance No. 648, of 12/23/2020, imposes restrictions in a generic and abstract manner, with objective and general rules, without a direct, immediate and personal advance address to any specific individual recipient,” he wrote. the president of the STJ.

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