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The ban on the sale of alcoholic beverages has been in effect since last Monday (7) and was an attempt by the city to stop the spread of the coronavirus in the city.
The Belo Horizonte City Council affirmed, early in the afternoon of Saturday (12), that it was notified of the judicial decision that determined the return of the sale of alcoholic beverages in bars and restaurants in the capital and who will appeal in second instance. The precautionary measure granted this Friday (11) responded to a request from the Brazilian Association of Bars and Restaurants (Abrasel-MG) and is valid only for establishments affiliated to it. The entity did not agree with the measure adopted by the City Council, understanding that it would bring losses to the sector.
The request for a precautionary measure was presented by the association last Wednesday (9). On that date, the president of the association declared that the bars had completed their stocks on the occasion of the last holiday, and intended to take advantage of the Christmas and New Year breaks to recover the damage suffered in the previous months, when these establishments remained behind closed doors as a COVID-19 Pandemic combat measure.
Through the document submitted to the courts, Abrasel declared that there is no relationship between the increase in indicators related to the pandemic -such as the transmission rate and bed occupancy- and the alcohol trade. The association also alleged that the municipality has not controlled, for example, the maximum capacity of public transport, and described the prohibition of taking drinks inside bars and restaurants as “illegal.”
Decision
Judge Maurício Leitão Linhares determined that Mayor Alexandre Kalil (PSD) must refrain from imposing sanctions on the consumption of alcoholic beverages, provided that the health protocols related to the sale of said items are followed. He affirmed that there is no legal motivation in the decree that began to be applied on Monday to justify the determination.
According to the magistrate, the PBH’s argument that the analysis of epidemiological indicators supports the ban is not valid. “They do not allow (the analyzes) to point out the consumption of alcoholic beverages in bars and restaurants, as well as in similar establishments, as responsible for the increase in indicators and the restriction of the referred trade as essential for its mitigation,” he wrote.
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