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The TJ-SP (São Paulo Court of Justice) suspended today, in a preliminary decision, part of a state government decree that prohibited the sale of alcoholic beverages in São Paulo after 8 pm. The measure, signed by Governor João Doria (PSDB), was in force since last Saturday (12) and was intended to contain the advance of the coronavirus in the state.
Judge Renato Sartorelli’s decision addresses a lawsuit filed by Abrasel (Brazilian Association of Bars and Restaurants), which questioned the reasons that led Doria to ban the sale of alcoholic beverages at night. For the entity, the measure also affects free competition and free initiative, principles set forth in the Constitution.
In line with Abrasel, Sartorelli said he did not envision “any scientific study that establishes a cause and effect relationship between the sale of alcoholic beverages and contamination by covid-19,” also citing the economic losses caused to the banned bar and restaurant sector. .
However, when granting the provisional suspension, the judge determined that establishments must instruct their employees to follow all the recommendations of health agencies to prevent the spread of covid-19, “providing safety equipment, supply of alcohol in gel, keeping the occupancy low and ensuring a safe distance between people. “
What the government says
In a note to Twitter, the government of São Paulo explained that the suspension was adopted after specialists from the Coronavirus Contingency Center identified that young adults, between 30 and 50 years old, are currently the greatest demand for covid-19 hospital beds. In addition, those between the ages of 20 and 39 represent 40% of the new confirmed cases in the state.
Limiting the sale of alcoholic beverages, therefore, would be a way to avoid overcrowding during nightlife and reduce the pollution levels of this portion of the population.
“São Paulo follows the recommendations of doctors and scientists from the Coronavirus Contingency Center and takes all the measures established by the São Paulo Plan to comply with this commitment, acting with responsibility and transparency in the fight and control of the pandemic, always supported by science, “he added.
Other restrictions still apply
The TJ-SP precautionary measure only suspends the prohibition of the sale of alcoholic beverages after 8 pm, maintaining the other restrictions on hours and occupancy imposed by the state decree. This means that restaurants and convenience stores will be able to sell drinks after that time, but they will need to close at 10 p.m.
Bars close earlier, at 8 pm, and can only operate up to 40% of their maximum capacity. All of them must have tables with up to six people and comply with the protocols determined by health surveillance, such as temperature measurement, availability of alcohol gel and a minimum distance of 1.5 meters between tables.
