The TJ-RJ (Court of Justice of Rio de Janeiro) overturned an injunction granted by the first instance and maintained the validity of the decree of the mayor of Rio, Eduardo Paes (DEM), which prohibited the operation of bars and restaurants after 5 pm. The decision was taken by the president of the TJ-RJ, Judge Henrique Carlos de Andrade Figueira. As a result, the decree with new restrictions to combat the covid-19, issued by Paes on Thursday (4), is fully valid again. The preliminary injunction had been granted by the 15th Public Finance Court of Rio, at the request of the Brazilian Association of Bars and Restaurants. This Saturday morning (6), the city hall appealed
In his decision, the president of TJ-RJ pointed out that in bars and restaurants people flock without masks. According to him, the decree is based on technical analysis and it is up to the
Executive to define measures to combat the pandemic. "It is up to the Executive Branch, exclusively, to adopt the measures it deems reasonable and necessary for the circulation of people and the functioning of commercial establishments.
In the hypothesis in question, the Municipality determined strict measures that effectively interfere with commercial activity and freedom of movement, considering the prohibition of stores to operate, either during normal or reduced hours, in addition to prohibiting people moving around the city during scheduled normal or with reduced hours, in addition to forbidding people to move in the city at a time defined in the norm ", argues the judge.