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Justice Alexandre de Moraes authorizes to take action to clear the roads

Justice Alexandre de Moraes, from the Brazilian Federal Supreme Court (STF), granted an injunction, requested by the President of the Republic, Michel Temer, to authorize the enforcement of necessary measures to safeguard the public order during the unblocking of the national highways as a result of the truck drivers' standstill. The injunction will be submitted to a referendum by the Plenary Meeting of the Court.

The request was made in the Action Against the Violation of a Constitutional Principle (ADPF) 519, in which the president, through the Attorney General's Office (AGU), requested the grant of a precautionary measure to uniform the position of the Judiciary on the subject and the determination of measures that allow the release of traffic

According to the Justice, the rights of assembly and strike, like other fundamental rights, are relative and, in a democratic society, can not be exercised in an abusive and offensive way to the rights and freedoms of others, such as health requirements, public order, national and public security, crime prevention and the welfare of society. This, according to the rapporteur, is what the UN Declaration on Human Rights and the European Convention on Human Rights establish.

The Justice authorizes the necessary and sufficient measures to be taken at the discretion of the responsible authorities of the Federal Executive Power and the State Executive Branches, to safeguard the order in the surroundings and, mainly, to guarantee the safety of pedestrians, drivers, passengers and the participants of the strike that may be positioned in inappropriate places on the highways. According to the Justice, the measures can, if deemed necessary, get the assistance of the public security forces (such as the Federal Highway Police, Military Police and National Force).

The Rapporteur has approved the application of the fines, requested from this decision, establishing joint liability between demonstrators/drivers of vehicles and their owners, whether natural or legal persons. It also suspended the effects of judicial decisions that prevent the free circulation of vehicles and the immediate reintegration of tenure of federal and state highways occupied throughout the national territory.

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Read More: President Temer requests measures to clear federal and state highways occupied by truckers

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