Court suspends restrictive measures against pandemic in the city of Rio

RIO DE JANEIRO, BRAZIL – The restrictive measures against the spread of Covid-19 in the municipality of Rio de Janeiro were suspended on Tuesday, April 20th, by a ruling of a lower court judge. The decision was made by Judge Regina Lucia Chuquer, from the 6th Public Finance Court of the Capital, who granted an injunction against 4 decrees issued by Mayor Eduardo Paes designed to reduce the spread of the disease in the city.

A class action was brought by state deputy Anderson Moraes against Rio’s City Hall, alleging that the decrees represent a violation of the population’s fundamental rights. In her ruling, the magistrate considered that Mayor Eduardo Paes took on a role that should be performed by the Legislature.

According to the judge, mayor Eduardo Paes “invaded the constitutional power of the Legislature and went on to dispose of matters of individual freedom, to provide for the suspension of the fundamental right to come and go of Rio de Janeiro’s residents in certain places in the city, in addition to creating restrictions on hours of movement and vehicle parking, and the exercise of economic activities, illegitimately disposing the legal order.”

Judge Chuquer said that the decrees disrespect Article 5 of the Federal Constitution, which states that no one is obliged to do or not to do something, except by force of law, and that the freedom of movement within national territory is free in times of peace.

The Rio de Janeiro City Hall responded in a statement that the city Attorney General’s Office had not yet been formally notified of the lawsuit and that, once the content of the ruling is confirmed, it will appeal. “The municipal legislation is still in force,” said the city hall.