Federal Judge Antonio Sedenho, the third panel of the Federal Regional Court of the 3rd Region (DRF3), initially ruled that the National Health Monitoring Agency (ANVISA) should immediately suspend the decision to contact the names of the airlines. Passengers in appearance or passage over the past 14 days via the United Kingdom, South Africa and India were prevented from boarding a flight and being in isolation, even though they were unmarked by Covit-19.
According to the magistrate, without the cooperation and concerted action of other government agencies and competent organizations, the practical consequences of the outcome of the first event would have increased the risk of infecting passengers and spreading the disease.
“Given the current Brazilian epidemiological situation due to the ban on air travel, this measure increases the risk of the spread of ‘SARS-CoV-2’ on public land or waterways without much sanitary controls,” he pointed out. .
Sidenho said planned state action should be taken based on proven scientific data on the severity of the epidemic facing the country.
“In this context, there are universally accepted protocols for joint aviation that provide more protection for passengers than land transport: for the aircraft’s air conditioning system (” high performance particle air filter “), he stressed.
Initially giving the regulatory body the expectation of appeal protection, the magistrate cited the jurisprudence of the Federal Supreme Court (SDF): “In the temporary guardian suspension my. 173 / MA certifies that measures to combat the STF epidemic cannot be taken in isolation, deviating from coordinated actions by Anvisa, allowing the implementation of health restrictions at airports and ignoring the federal ability to manage these locations.
The federal judge cited National Court of Justice (CNJ) Recommendation No. 92, which argues that “emergency court rulings sometimes impose duties on health officials who are unable to comply for short periods of time due to a lack of human authority.” Evidence, Facilities, Equipment and Materials for Fighting Govt-19 Infection ”.
Public civil action
At Public Civil Procedure 5006631-88.2021.4.03.6119, the Federal Public Prosecutor’s Office is obliged to conduct the inspection of every passenger on the Anvisa and to contact the airlines under Article 7, Q7 of the respective names and qualifications. Interim Government Order No. 655/2021. This rule provides exceptional and temporary restrictions on the entry of any national into Brazil, as recommended by the regulatory body.
The MPF is required to compensate Anvisa for the punishment, joint moral damages amounting to R $ 50 million, alternatively or overall, in support of the local agency for controlling local diseases, studies epidemiological or immune biological production.
The 2nd Federal Court of Quarulhos / SP granted emergency relief to Anvisa. They can prevent you from boarding planes. This resolution applies to travelers starting or passing through the United Kingdom, South Africa and India during the last 14 days.
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