The decision states that, with the excuse of establishing rules of coexistence, the Municipality ended up extinguishing the rights of citizens who circulate in public spaces
The Porto Alegre District of the Court of Justice of Rio Grande do Sul (TJRS), through judge Ricardo Torres Hermann, granted, on Wednesday (27), a precautionary measure that overturns the Municipality’s decree prohibiting the sale and consumption of alcoholic drinks during the early hours of the morning in the areas of Parque Marinha do Brasil and in sections 1, 2 and 3 of Orla do Guaíba. The appeal was filed by the municipal directorate of the Workers’ Party (PT) against the municipality of Porto Alegre. There is still an appeal, with a legal deadline of 30 days for appeal.
In the decision, the judge considered that the municipal executive, with the excuse of establishing rules of coexistence, ended up taking away the rights of citizens who circulate in public spaces, underlining that there are signs of unconstitutionality.
Signed by Mayor Sebastião Melo (MDB) on June 23 this year, decree nº 22.042/23, in addition to establishing the norm for alcoholic beverages, also limited the use of any type of audio equipment and the sale via teledelivery of drinks and food for anyone on public roads. At the skatepark on section 3 of the Orla, the decree establishes that the Municipal Guard (GM) has the task of dispersing gatherings that disturb public peace.
In the appeal, the PT argued that the decree “violates a series of rights of citizens of Rio Grande do Sul who seek to enjoy public space” by limiting the right to free time and, consequently, the social function of municipal parks. Furthermore, it underlines that the text violates article 190 of the Constitution of the State of Rio Grande do Sul, which establishes that social security is guaranteed by the actions of the State and Municipalities to give effect to a series of rights, including food , culture, sport and leisure.
Source: Terra
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