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Action filled by a Shopping Mall against prohibition of delivery services is deemed unfeasible

05/14/2020

Justice Luís Roberto Barroso, of the Brazilian Federal Supreme Court (STF), judged unfeasible the Complaint (Rcl 40507) filed by Shopping Center Iguatemi of Porto Alegre (SCIPA) against a court decision that denied the possibility of marketing products by home delivery system (delivery) or on the spot (take away) due to the pandemic of the new coronavirus. According to the rapporteur, the decision does not contradict the STF's understanding of the local authority to adopt Covid-19 containment measures.

Prohibition

Municipal Decree 20.534/2020, of Porto Alegre, prohibited the operation of all activities inside the shopping centers, even if through non-presential attendance. The Court of Justice of Porto Alegre e Rio Grande do Sul (TJ-RS) rejected an injunction in the writ of mandamus filed by Iguatemi.

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