Supreme Court Justice Decides that Brazilian States Have Autonomy to Impose Social Isolation

President had been threatening to edit measure against the decision of states and municipalities

Supreme Court Justice Alexandre de Moraes decided on Wednesday (8) that state and municipal governments have the autonomy to determine social isolation.

According to the magistrate, the federal government cannot “unilaterally dismiss” the decisions of local executives on the restrictions on circulation that have been adopted during the pandemic of the new coronavirus. And he clarified that the decision is “independently” of a later act by President Jair Bolsonaro in the opposite direction.

Moraes decided in the lawsuit in which the Brazilian Bar Association asks the Supreme Court to force President Jair Bolsonaro to follow the recommendations of the WHO (World Health Organization).

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Supreme Court Justice Alexandre de Moraes. (Foto: Pedro Ladeira/Folhapress) - Folhapress

The judge agreed with the March decision of Minister Marco Aurélio, in another lawsuit, and stated that the federation entities have competing competence in this area.

The magistrate emphasizes that it is “unequivocal” that an eventual federal conflict may occur and classifies as “important” the measures that states have been adopting.

According to the magistrate, the effectiveness of social isolation, the suspension of teaching activities, and the restriction on trade, social activities, and the circulation of people are proven by several scientific studies and follow the recommendations of the WHO (World Health Organization).

Translated by Kiratiana Freelon

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