The specific case involved, at the origin, Municipal Decree nº 19.450 / 2020 that determined “the suspension of the operation of all commercial, service and industrial establishments, as well as construction activities”.
The Chief Justice of STF Dias Toffoli denied the continuation of Security Suspension 5.362 / PI, proposed by the Municipality of Teresina, against a monocratic decision handed down in the case of an interlocutory appeal, pending before the Court of Justice of the State of Piauí, considering that the regional decision “is not able to generate the alleged risks of damage to the public-administrative order, but rather to prevent them”.
The specific case involved, at its origin, Municipal Decree nº 19.450 / 2020, which determined “the suspension of the operation of all commercial, service and industrial establishments, as well as construction activities”, with exceptions, among which “the manufacture of non-alcoholic beverages ”, giving rise to the insurrection of an industry in the beverage sector through an interlocutory appeal, in which it argues that federal legislation (Decree nº 10.282 / 2020) when defining public services and essential activities, which must have protected the exercise and functioning, made no distinction between alcoholic and non-alcoholic beverages, dealing only with “food and beverages” (art. 3, XII), in the same way as the state legislation (Decree nº 18.902 / 2020) when referring to “ food products ”(art. 1, § 1, I).
The regional decision authorized “the full functioning of industrial activities” of the aggravating legal entity, the latter being obliged to comply with the measures established by State Decree nº 18.902 / 2020, observing the absence of distinction between alcoholic and non-alcoholic drinks in federal legislation, which it is not for the Municipality to “establish restrictions not foreseen in the federal decree” and the risks of the crisis generated by the pandemic being amplified by the discontinuity of industrial activity and the shortage of the local market.
The Municipality of Teresina therefore claimed that such a decision “violates the Federal Constitution, in particular the right to health (art. 6, CF / 88), and the constitutional competence of the Municipalities to legislate on public health, (art. 23 , II, CF / 88), legislate on matters of local law and supplement federal and state legislation as appropriate, causing serious risks of injury to order and public health ”, claiming, in these terms, the suspension of the injunction.
In this sense, Minister Dias Toffoli recognized the STF’s competence to consider the suspension request for discussing possible “legality of the imposition of restrictions on the right of full operation of the interested company and the right to come and go of citizens and residents in the requesting municipality” , considering that it is not feasible to accept the request from the Municipality of Teresina, in view of the lack of support in ANVISA’s technical and reasoned recommendation to impose such a restriction, according to the STF Minister Minister, “the simple existence of the pandemic that now plagues the world, serve as a justification for that ”.
Furthermore, in the decision of the Safety Suspension, the need for Public Administration action at all levels was expressly consigned, through “coordinated and duly planned actions by the competent entities and bodies, and based on proven scientific information and data” , thus avoiding isolated decisions with the “potential to cause disorganization in the public administration as a whole, even acting contrary to the intended one”.
By: Wilson Sales Belchior
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