The Federal Supreme Court (STF) unanimously upheld the decision of Minister Alexandre de Moraes, who ordered the PRF (Federal Highway Police) to immediately unblock the highways paralyzed by truck drivers.
The case was analyzed in the virtual plenary of the Supreme. There is no discussion between magistrates in virtual trials. They just cast their votes in one system.
At the end of Monday night (31.Oct.2022), Moraes determined the unblocking of the roads. He also set a fine of R$ 100,000 per hour of non-compliance, starting at midnight on Tuesday, to be applied directly to the director general of the PRF, Silvinei Vasques.
The decision states that Vasques can be arrested in the act and removed for disobedience if the order is not followed. Here’s the intact (288 KB). Moraes was followed by Roberto Barroso, Edson Fachin, Gilmar Mendes, Cármen Lúcia, Rosa Weber, Dias Toffoli, Ricardo Lewandowski, Luiz Fux, André Mendonça and Nunes Marques.
Groups of truck drivers have blocked at least 230 stretches of highways since dawn on Monday (31.Oct) against the victory of Luiz Inácio Lula da Silva (PT) in the presidential elections on Sunday (30.Oct).
According to survey of Power 360 with the PRF (Federal Highway Police) state units, 21 states and the Federal District registered active roadblocks until 11 am this Tuesday (Nov. 1).
The PRF said it was unable to set a date to release all the highways. According to Marco Antônio Territo, executive director of the corporation, the operation is “complex”. On the night of this 3rd, the number of blocked points dropped to 190 in 19 states.
Moraes analyzed a request from the CNT (National Transport Confederation). According to the minister, although the right to strike is included in the Constitution, it is not an absolute guarantee. He also said that there was an apparent omission by the PRF, which would not be “carrying out its constitutional and legal task”. Here’s the intact of the vote (108 KB).
“Like the other Fundamental Rights, the rights to assemble and strike are relative, and cannot be exercised, in a democratic society, in an abusive way and in an abusive manner that threatens the protection of the rights and freedoms of others, the requirements of health or morality, public order. , national security, public security, the defense of order and crime prevention, and the welfare of society”, declared.
The minister also said that the truck drivers’ demonstration has no labor motives, but seeks to disrespect “the result of the election for president and vice president” held on Sunday (30.Oct).
“The manifestations, considered in themselves, especially in what indiscriminately obstruct, interrupt and obstruct federal public roads, as well as the speeches of Federal Highway Police agents, denature and distort the right to assemble, this because, according to the Electoral Public Ministry, they are motivated by an antidemocratic pretension, that is, a protest against the regular and legitimate election of a new President of the Republic”, went on.
Moraes also determined that the PRF and the Military Police identify the trucks that are blocking the roads so that he can impose a fine of R$ 100 thousand per hour against those responsible for the vehicles.
Finally, he summoned the Minister of Justice, Anderson Torres, the director-general of the PRF, all the commanders of the military police of the States, the PGR (Procuradoria Geral da República) and the attorneys-general of Justice of the States to take action. “which they deem appropriate, including the accountability of the authorities that are omitted”.
“While the exercise of police power is the responsibility of several of Organs public bodies involved, such as the Federal Highway Police and the Military Police, which would allow them to employ the necessary effort for the free movement of goods and people, it is also undeniable according to the videos cited, that the PRF has not been carrying out its constitutional and legal task”concluded the minister.
AGU
The PRF called the AGU (Advocacia Geral da União) to obtain preliminary (provisional) decisions in court to maintain the flow on federal highways.
experts heard by Power 360 they said, however, that the PRF has police power to act on the highways and, by triggering the AGU, it would be directing the decision to the Judiciary.
“The prohibitory interdict is a procedural instrument for the defense of possession. By activating the AGU, the PRF directs the decision to vacate to the Judiciary, forgetting the exercise of the regular police power that the executive holds and which in terms of federal highways is in the prerogative of the PRF”, said the lawyer Belisario dos Santos Júnior, former Secretary of Justice of the State of São Paulo (1995).
For Juliana Vieira dos Santos, partner at Rubens Naves Santos Jr. Lawyers and PhD in State Theory from USP (University of São Paulo), the legal instrument cited by the PRF is intended for preventive protection of possession that is imminent or under threat of being molested.
“The PRF has the police power to immediately resume measures in relation to the blockades. It makes no sense for the judiciary to be called.”declared.
According to the PRF, the road closures began to be recorded on Sunday (30.Oct).
“The PRF took all measures to return to normal flow, directing teams to the locations and initiating the negotiation process for the release of highways, prioritizing dialogue, to guarantee, in addition to free and safe transit, the right of manifestation of the citizens, as happened in other protests”said the corporation.
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