Post by account_disabled on Mar 13, 2024 2:16:21 GMT -5
Judge Fábio Eugênio de Oliveira Lima, from the Court of Justice of Pernambuco, decided to deny the request of a food company to keep its commercial stores in operation.
The judge's decision was made based on the state government's restrictive measures aimed at containing the spread of the new coronavirus.
In the rejected request, the fine chocolate company claimed that government decree No. 48,834, which temporarily suspended, as of March 22, 2020, the operation of all commercial establishments in Pernambuco, expressly excluded establishments focused on to the population's food supply and that the company fits into this activity.
Also according to the company, as it does B2B Lead not sell its products in supermarkets and the like, the suspension of the operation of its establishments puts it at an "extreme disadvantage in relation to its competitors" and that this implies an offense against free competition.
When analyzing the case, the magistrate highlighted that the decree aimed to prevent a public health calamity. " In this scenario, there is no doubt that the criterion used to except the suspension rule contained in article 2, caput, of Decree No. 48,834/20, consisted of the essentiality of what is sold in establishments, keeping in operation only those that are essential to meet the essential needs of the population. For this reason, section I authorized the continued operation of supermarkets, bakeries, markets, convenience stores and other establishments focused on food supply”, says an excerpt from the decision.
The judge also highlights that the current situation is tense, requiring extraordinary efforts from everyone to prevent the spread of the virus and the resulting crisis in the health system.
"Thus, the issue raised for consideration requires a judgment of consideration and proportionality. On the one hand, there is the life, health and safety of people who are put at risk by maintaining the flow in collective spaces. On the other hand , the mitigation of the petitioner's free competition in relation to other companies in the fine chocolate sector that supply their products in establishments whose continued operation has been authorized by the State. The principle of reasonableness indicates that, in the face of this conflict, the protection of life and the safety of people must prevail", he assessed.
Reverse decision in Bahia
In turn, judge Ivanilton Santos da Silva, from the Court of Justice of Bahia, decided to grant urgent relief in favor of a local food industry to prevent operating restrictions imposed by municipal decree.