The Minister Gilmar Mendes, do Federal Supreme Court (STF), denied, this Monday (5/4), a request from the PSD for the churches to reopen in So Paulo. The decision is contrary to the understanding of the minister Kssio Nunes Marques, that on the weekend banned the closing of the temples across the country.
Marques’ dispatch generated criticism in the Court, and concerns of specialists and health authorities. The opening of the churches occurred when the country recorded records of deaths and new cases, reaching more than 3,000 deaths every 24 hours.
The party filed an Action for Non-Compliance with a Fundamental Precept (ADPF) against a decree by the governor of So Paulo, Joo Doria, which banned services. For Minister Gilmar Mendes, the data show that we are in the middle of a pandemic, and measures must be taken to preserve people’s health and lives. “In the present case, the contested rule itself, the understanding that the measures imposed were the result of technical analyzes related to the environmental risk of contagion by COVID-19 according to the economic and social sector, as well as the need to preserve the service capacity of the public health service network “.
The magistrate also said that even without a technical basis, the death figures per day would be sufficient to understand the importance of keeping churches closed to avoid agglomerations. He pointed out that on April 1, only So Paulo had 12,961 people in ICU beds. “Even if that were not the case, the simple observation of the average mobile death and contamination cases in the state of So Paulo in the period after the promulgation of the contested state Decree leaves no doubt about the very serious scenario that underlies the imposed restrictions”, he wrote. .
The President of the Court, Luiz Fux, decided to take the matter to trial at the session on Wednesday (7), in plenary. The majority of magistrates must go against the decision of Minister Kssio Nunes and maintain the concurrent responsibility of the governors and mayors to adopt sanitary measures and determine the closing or opening of churches.
The magistrate also denied a similar request from the National Council of Pastors of Brazil, and sent a message: for him, civil society entities must help in the fight COVID-19. “Along this path, it would be very helpful if, in addition to state power, the social entities made efforts to effectively fight the virus, in a perspective that honored the collective interest and corporate objectives”, concluded Gilmar.
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