Last Friday, January 13, Judge Edson Ferreira da Silva issued a decision suspending the administrative act of the University of São Paulo (USP), which forced students to wear masks in the closed environments of the institution of teaching.
Although the decision was issued in a preliminary manner, which may be considered provisional, according to the reasons, among others points, a declaration of the Ministry of Health was used as a basis, since in such declaration the state of emergency was put to an end sanitary.
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The mandatory use of a mask at USP had been resumed in November last year, according to the decision of the Advisory Committee of Health of the Rectory, aiming to curb the new increase of people with flu symptoms, as well as positive diagnoses for the flu itself Covid-19 among university students.
Thus, the Court of Justice of São Paulo (TJ-SP) decided to suspend this administrative act, as stated in the decision signed by the magistrate: “the obligation on the basis of the constitutional principle of legality, article 5, II, according to which no one will be obliged to do or not to do something except by virtue of law".
In addition, as reported in the lawsuit, the federal law that dealt with the mandatory use of a protective mask “was of temporary effectiveness, ending with the declaration of the Ministerda Saúde putting an end to the state of health emergency resulting from covid-19″.
Despite what was demonstrated, some students from the University of São Paulo attacked the institution TJ-SP, through social networks, demonstrating that they disapproved of the decision. USP itself has yet to make a public statement on the decision issued by judge Edson Ferreira da Silva.
What remains now is to wait for the due progress of the lawsuit, to see if the decision taken by the 2nd Public Treasury Court of São Paulo will be maintained or reformed, as deemed necessary by the magistrate.
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