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Decision that guarantees to the states, DF and municipalities freedom in the adoption of measures against the pandemic is approved

10/19/2020

In a unanimous decision, the Plenary of the Supreme Federal Court (STF) partially upheld the Claim of Noncompliance with Fundamental Precept (ADPF) 672 and approved an earlier decision by Justice Alexandre de Moraes that assured to the states, the Federal District and municipalities freedom to adopt measures to combat the Covid-19 pandemic in the exercise of their powers and within their territories. Authored by the Federal Council of the Brazilian Bar Association (OAB), the action questions omissive and commissive acts of the federal Government practiced during the health crisis. The referendum took place in the virtual session closed on October 9.

Among the measures foreseen in the injunction, granted in April, are the adoption or maintenance of restrictive measures on social distancing and isolation, circulation of people, operation of schools, commerce, cultural activities and other measures effective for the reduction in the number of infected and deaths, as demonstrated by the recommendation of the World Health Organization (WHO).

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