Post by account_disabled on Mar 13, 2024 17:15:20 GMT 10
The court of the Special Body of the Court of Justice of São Paulo decided to deny a writ of mandamus filed by CBJK Comércio de Alimentos Ltda — controller of the Coco Bambu restaurant chain — to open its establishments during the period of isolation decreed by the government of São Paulo to contain the spread of Covid-19.
Coco Bambu Network had a writ of mandamus denied
Reproduction
In the request, the company maintains that it operates in the production and sale of recipes based on seafood, with the main inputs being foods that end up perishing in a sensitive and short period of time, such as shrimp and lobster.
The company also claims that there is a B2B Lead discrepancy between state regulations and federal regulations. The first defends the total stoppage of service for "consumption in the establishment of bars and restaurants, authorizing only operation via delivery/delivery applications, while the second enables the production, distribution, trade and delivery of food, even if done in person."
The company requests that the right to open its stores be granted at 50% of their capacity and with the adoption of sanitary measures to prevent the spread of the new coronavirus, such as the use of masks and gloves by employees, and clean tables.
When analyzing the matter, the case's rapporteur, judge Renato Sartorelli, states that "the necessary assumptions for granting the injunction, notably the fumus boni iuris , therefore, in the exceptional context of a global pandemic unprecedented in the modern world and weighing the values involved , it is necessary to prioritize the interests of the community and the preservation of public health, which emerge with greater scope in the current crisis scenario, to the detriment of the individual".
The magistrate also points out that it is not lawful for the Judiciary, in a judgment of superficial cognition, to enter into the judgment of convenience and opportunity of the administrative act nor to disregard the state's interest in providing greater protection to the population to lower restrictive norms to face the emergency of public health resulting from the new coronavirus. Thus, the request ended up being denied.