11/18/2023 – 9:53
Minister Luiz Fux, of the Federal Supreme Court (STF), asked the governor of São Paulo, Tarcísio de Freitas (Republicans), and the State Legislative Assembly to justify the law that amnesties fines applied during the pandemic. The deadline for responding is ten days.
“The present direct action of unconstitutionality questions the validity of a state rule that, as alleged, violates the fundamental right to health and the health of public revenues, which highlights the relevance of the matter and its special significance for the social order and legal security “, he wrote.
The minister ruled in a lawsuit filed by the Green Party. The party asks for the law to be declared unconstitutional due to misuse of purpose.
“The questioned article reveals a clear misuse of purpose when granting amnesty to people who withheld participation in vaccination campaigns against Covid-19 and who were reluctant to adopt public policies consistent with the pandemic scenario”, says the party.
The São Paulo government will stop collecting R$72.1 million by forgiving the fines. The bill was authored by the governor himself. The fines had been applied to thousands of people for non-compliance with decrees that imposed quarantine, the use of masks in public spaces and the suspension of non-essential services at the height of the health crisis.
Former president Jair Bolsonaro (PL), his son, deputy Eduardo Bolsonaro (PL-SP), and other allies of Tarcísio benefited. In the case of the former president, the fines amount to more than R$1 million, for not wearing masks and promoting crowds.
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