TRF-1 derruba decisão que obrigava Bolsonaro a utilizar máscaras, cabe ao DF fazer cumprir ou cobrar multa

2 anos ago
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A desembargadora Daniele Maranhão Costa, do Tribunal Regional Federal da 1ª Região (TRF-1), derrubou a decisão de primeira instância que obrigava o presidente da República, Jair Bolsonaro (sem partido), a utilizar máscaras de proteção facial no Distrito Federal.

A decisão foi dada após a AGU (Advocacia-Geral da União) entrar com recurso contra a determinação da Justiça Federal de Brasília para que Bolsonaro usasse máscaras em espaços públicos.

No documento, a desembargadora afirma que a ação popular não é o meio processual correto para “a pretensão de condenação em obrigação de fazer” — no caso, obrigar o presidente a usar máscaras em locais públicos no Distrito Federal.

“A ação civil pública só serve para anulação de um determinado ato administrativo que seja lesivo ao patrimônio público e não para essas questões”, decidiu. 

De acordo com a desembargadora, o “Poder Judiciário não se presta à finalidade de incrementar a penalidade já existente por força da inobservância da norma”, e é suficiente que o “Distrito Federal se valha de seu poder de polícia para fazer cumprir a exigência, ou sancionar o infrator com a imposição de multa, em caso de não observância”. 

A magistrada do TRF-1 reconheceu que há “ausência de necessidade de ajuizamento da ação de origem para a finalidade de compelir os cidadãos ao uso de máscaras, independentemente do posto que ocupem na Administração do Estado”. 

Medidas para conter contágio

No dia 23 de junho, a justiça do Distrito Federal havia determinado que Bolsonaro utilizasse máscara de proteção facial em público, sob pena de multa diária de R$ 2 mil em caso de descumprimento da decisão. 

A medida cautelar tinha sido deferida pelo juiz Renato Borelli, da 9ª Vara Federal Cível do DF, acatando uma ação popular impetrada pelo advogado Victor Mendonça Neiva.

“Basta uma simples consulta ao Google para se ter acesso a inúmeras imagens do réu Jair Messias Bolsonaro, transitando por Brasília e entorno do Distrito Federal, sem utilizar máscara de proteção individual, expondo outras pessoas à propagação de enfermidade que tem causado comoção nacional”, escreveu o juiz na decisão.

Na época, o juiz afirmou que “o presidente da República deve adotar todas as medidas necessárias para evitar o contágio da COVID-19, seja para resguardar sua própria saúde ou a de outras pessoas que o cercam, ou ainda imprimir a sua figura, de dirigente máximo do Poder Executivo Federal, o respeito à todas as normas em vigor no Brasil”.

Fonte: CNN Brasil

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