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It is not the responsibility of the federal executive to unilaterally dismiss the decisions of state governments that may have determined a restriction of services and the movement of people in the midst of the coronavirus pandemic. With this understanding, the Minister Alexandre de Moraes, of the Supreme Federal Court, partially granted the preliminary judicial order requested by the OAB in the Breach of Fundamental Precept 672.
The measure is part of the OAB’s list of requests in action and was included in view of the “attempt to empty and mischaracterize the performance of the other federated entities, in line with the thoughtless advertising campaign ‘O Brazil Não Parar'” . Broadcast by official channels, the campaign was later excluded by the government itself and prohibited in a court order issued by Minister Luís Roberto Barroso in ADPF 669.
In the analysis of the minister Alexandre de Moraes, the exercise of the constitutional competence of the states, districts and municipalities includes the adoption of important restrictive measures such as the imposition of social isolation, quarantine, suspension of classes, restrictions on the operation of commerce. and cultural activities.
Such measures, adds the rapporteur of the ADPF 672, are known to be effective mechanisms to reduce the number of people infected with the coronavirus and are included in the recommendation of the World Health Organization and scientific studies.
“Obviously, the formal and material validity of each specific state, district or municipal regulatory act can be analyzed individually,” stresses Alexandre de Moraes.
Bolsonaro recognizes competition
Speaking on a national television network on Wednesday night (8/4), President Jair Bolsonaro referred to the relationship between the federal executive and state and municipal governments and the measures of social isolation.
“I respect the autonomy of the governors and mayors. Many isolation measures are their responsibility. The federal government has not been consulted on its extent,” he said.
Obligation to follow WHO
The OAB’s preliminary request was broader than that issued by the minister. The entity wanted to compel the President of the Republic to comply with the WHO protocol replicated by the Ministry of Health, in the sense of adopting measures of social isolation and non-interference in the activities of the technicians of the Ministry of Health.
However, the rapporteur emphasized that the President has the power to judge the appropriateness and the opportunity, within the legally and morally admissible hypotheses, to choose the one that best serves the public interest and public health.
“It is not the role of the Judiciary to replace the judgment of convenience and opportunity made by the President of the Republic in the exercise of his constitutional powers, but it is his constitutional duty to exercise the judgment of verifying the accuracy of the exercise of this executive discretion before constitutionality of the measures taken, verifying the reality of the facts and also the logical coherence of the decision with the specific situations, “says Alexandre.
I clicked here to read the decision.
ADPF 672
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