The minister of the Supreme Federal Court Nunes Marques said this Monday (5) to the CNN that it is “hypocritical” to close temples while other activities remain open across the country.
“Moment is more common sense and not hypocrisy. There is a lot of hypocrisy. Distrito Federal, among other states and municipalities, has gyms and restaurants open because it was estimated that they would be essential in this pandemic. And there are many activities working, ”he said.
He said he had the “sensitivity that is a critical moment for Brazil”, but that there is a “lack of understanding” about the activities of religious temples in the country. “Perhaps the problem with all this is the lack of understanding of the activities of religious associations. The participation of the churches is very important for spiritual support and this cannot be included in the minds of those who do not know its essentiality. There is this fundamental activity, which is praying, and there is a welcoming, assistance activity. ”
According to him, the STF decided that all federated entities are competent to deal with the matter and that it is up to the Judiciary to analyze each specific case if there is any illegality.
“The Plenary ruling defined only competence. And the competence is not exclusive to states, municipalities or the Union. It is a shared competence. Everyone can edit rules on that subject. This is not to say that the merit cannot be reviewed for abuse, illegality or unconstitutionality. Everyone has competence. What is essential service for one may not be for another, ”he told the CNN.
For Nunes Marques, Gilmar Mendes’ decision does not annul his. “First point is the limit of Gilmar’s decision. Does it cancel mine? It does not annul my decision. It only falls due to an appeal judged otherwise by the plenary. Whatever the plenary decides I will accept. Until then, his decision has no way of suspending mine. ”
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