Municipality cannot close bars without due legal process, says judge
For an establishment to be closed, whether or not it prohibits the sale of alcoholic beverages, due legal process must be respected. This administrative measure can only be used as a last option, after granting a reasonable period of time — no less than six months — so that the address can meet the requirements set out in municipal law.This is the understanding of judge Gelnder Malheiros, head of the district of João Lisboa, in Maranhão, who partially accepted a request for an injunction ordering the municipality to stop closing bars and similar establishments without due legal process.
According to the request, the closures B2B Lead were carried out with the Military Police, without any prior notice or process. It was alleged that the only family income of numerous micro-entrepreneurs had been damaged and there was no agreement between the PM and the city to carry out supervisory activities.
In the decision, Judge Malheiros stated that it was well known in the municipality that several small traders and bar owners were prevented from freely exercising their profession due to supervisory actions attributed to the municipality through the PM. And this without the existence of an agreement between the two entities and without prior notice or notification that would allow traders to adapt to administrative requirements. “In an arbitrary action typical of dark times in the history of Brazil”, assessed the judge.
“The probability of the right was evidenced by the illegal way in which municipal supervision acted with the imposition of closing bars and similar, without due legal process, where it became clear that the defense of the authors was being curtailed, and the danger of delay, with the immediate withdrawal of the family income of countless workers in the sector in the city of João Lisboa, funds of a food nature”, he concluded.
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By partially accepting the injunction, the judge highlighted that the constitutional right to the free exercise of a trade or profession and the fundamental guarantee of due legal process were violated in the same action taken by the municipality. And that inspection actions are not prohibited, only the closing of establishments without legal action. With information from the Press Office of the Maranhão Court of Justice.
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