Action is filed by PT; one of the beneficiaries of the São Paulo law is former president Jair Bolsonaro
The PT joined with ADI (Direct Unconstitutionality Action) in the STF (Supreme Federal Court), to question the provision of the São Paulo law that amnestied administrative fines applied to those who failed to comply with health rules to combat the covid-19 pandemic. The action was distributed to Court Minister Luiz Fux.
State Law 17,843/2023 was approved by Alesp (Legislative Assembly of São Paulo) and sanctioned by the state governor, Tarcísio de Freitas (Republicans). One of the beneficiaries is the former president Jair Bolsonaro (PL), which according to data from the PGE (State Attorney General’s Office) has a debt of around R$ 1 million with the Health’s Secretary paulista.
According to the PT, the amnesty negated the punitive and pedagogical nature of the fine and went beyond the mere renunciation of revenue, since, in practice, it results in the State’s omission in relation to those who failed to comply with rules that sought to take care of the health of the entire community.
Another argument from the party is that the law represents a renunciation of public revenue without a study of the financial and budgetary impact. According to data presented by the CCD (Disease Control Coordination) during the bill’s processing at Alesp, the São Paulo authorities applied 10,790 fines against clandestine establishments and parties and 579 against individuals, totaling R$72 million, in 2023 values.
The PT requests an injunction to suspend the effects of article 36 of State Law 17,843/2023, so that all fines applied can be maintained. On the merits, he requests that the device be declared unconstitutional.
Against the same legal provision, the PV (Green Party) filed ADI 7511. In it, the party states that amnesty cannot be granted to people who were reluctant to adhere to public policies consistent with the pandemic scenario, even though Brazil has had one of the most lethal and serious situations in combating the pandemic, with the avoidable occurrence of at least 700 thousand deaths.
With information from STF.