Cesar Peres Dulac Müller logo

CPDMA BLOG

Category:
Date: April 1, 2020
Posted by: CPDMA Team

The strength of the Judiciary in times of COVID-19

It is not intended to reject or minimize the pandemic scenario that we are enduring on a global scale, especially regarding social, legislative and economic uncertainties. After all, the decree of social isolation (indefinitely, since it is not known when the peak of contagion will be exceeded) and the daily launch of new decrees to enable security measures indicated by the World Health Organization, whether of a federal, state or national nature. or municipal, are leaving the country's economic routine, which was no longer stable, very fragile.

And it is in this scenario that we examine some measures adopted by large companies that, aiming at the resumption of their economic activity that affects many consumers, started a movement to provoke the Judiciary for the reopening of their establishments under the argument that they are essential services. to the collectivity.

The cases dealt with here are injunctions granted to two large companies of relevance in the market to suspend the effects of the decrees issued and determine that the inspection bodies refrain from closing the establishments, thus authorizing the resumption of their activities.

On March 30, 2020, a court decision was rendered for the benefit of Lojas Americanas (case 0066463-18.2020.8.19.0001 which is being processed at the Rio de Janeiro Judicial Duty Registry). The decision understood that among the various purposes of its business would be the marketing of food, pharmacy items, hygiene and cleaning products, framing its activity as an essential service, and its operation is necessary to guarantee consumer choice and maintenance of prices.

The high point of the decision is the concern with the population's access to the so-called essential services, as it is well known that the company in question has several branches and, with one of these operating in a place close to the consumers' residence, there would be no unnecessary displacement. , always with the obligation to observe the security measures indicated by the WHO and other decrees for the prevention of Covid-19.

Also on March 30, 2020, the Judiciary of Rio Grande do Sul granted an injunction so that the companies Verde-Administradora de Credit Cards and Lojas Quero-Quero can resume their economic activities and that the supervisory bodies refrain from closing the establishments. The decision covers only the city of São Leopoldo (case 5003143-50.2020.8.21.0033).

The foundation is the usefulness of companies for the community of São Leopoldo, preventing the interdiction of establishments. The ban would have made the payment of goods sold on installments and the granting of credit unfeasible, which was not accepted.

In both cases, the authorization to reopen the establishments must be accompanied by the adoption of the measures disclosed by the health authorities, under penalty of a daily fine of R$ 50,000.00 or review of the decision, respectively.

Faced with the scenario of uncertainties and in view of the essentiality and usefulness of the activities carried out, the trend is that the search for judicial provision is a massive reality in the routine of companies so that, respecting security measures, they can reopen their establishments.

Source: Karen Lucia Bressane Rubim, attorney at Cesar Peres Dulac Müller, specializes in Civil Law and Civil Procedure.

Return

Recent posts

Discover the asset class - INDUSTRIAL DESIGN

In our series of posts explaining the differences between classes of intellectual assets, today we're going to look at INDUSTRIAL DESIGN. Industrial Design is the ornamental plastic form of an object - for example, the design of a product or the set of lines applied to a product, such as a print - that gives it [...]

Read more
Learn about the asset class - PATENTS

A PATENT is a title of ownership granted by the State over an unpublished invention (invention patent) or one derived from an existing one (utility model patent). The application for registration is made to the INPI, granting the holder the right to prevent third parties from manufacturing, using or offering for sale [...].

Read more
Corporate name: get to know this asset class

Continuing with our series of posts explaining the differences between the classes of intellectual assets, today we'll look at the BUSINESS NAME. Although trademarks - the nature of which has already been described in the previous post - can sometimes be confused with business names, they are distinct legal institutes. The business name identifies the company by [...]

Read more
PERSE: legislative changes in the emergency program to revive the events sector

Law No. 14,859/2024: amendment of the Perse rules for the period 2024 to 2026. The Emergency Program for the Resumption of the Events Sector - Perse was created in 2021 with a view to helping companies linked to the events sector - the activity most affected by the COVID-19 pandemic, by reducing [...]

Read more
The extent of insurance cover in floods

The rains that have hit Rio Grande do Sul in recent weeks have destroyed farms, properties and vehicles. Even if they have insurance, car or property owners should check the coverage of their policies to see if they can get compensation. Basic insurance for cars and properties does not usually cover floods. Insurance against electrical breakdown, [...]

Read more
The agreement to sell the most famous slimming drug of the moment

It was recently reported that the Brazilian company BIOMM has signed an agreement with the pharmaceutical industry BIOCON to distribute in Brazil a drug similar to Ozempic, indicated for the treatment of diabetes, but used mainly to treat obesity. However, this will only be possible because the patent holder of the drug has certainly authorized, through a [...]

Read more
crossmenuchevron-down
en_USEnglish
linkedin Facebook pinterest youtube lol twitter Instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter Instagram