Brazil's Attorney General's Office (AGU) is appealing Alexandre de Moraes' decision and wants the federal government to dictate the rules on essential services.
In its appeal, the Attorney General's Office stated that a Supreme Court decision minimizes the Union's authority to act in combating the coronavirus, "by concluding that the actions of the States, the Federal District, and Municipalities will prevail regardless of the supervening of a federal regulation that contradicts them."
247 Brazil's Attorney General's Office has appealed to Supreme Court Justice Alexandre de Moraes to compel states and municipalities to follow federal government directives regarding essential services during the coronavirus crisis. Brazil has at least 23,7 cases and 1.355 deaths caused by the disease.
On the 8th, the minister authorized states and municipalities to adopt the measures they deemed best to combat the pandemic. According to Moraes, "it is not within the competence of the federal Executive Branch to unilaterally override the decisions of state, district, and municipal governments" regarding measures such as social isolation, distancing, and quarantine. This information comes from... Fausto Macedo's blog.
In its appeal, the Attorney General's Office stated that, although the decision safeguards "the Union's competence to issue general rules on health matters, it simultaneously minimizes them by concluding that the actions of the States, the Federal District, and Municipalities will prevail regardless of the supervening of a federal rule that contradicts them."
"The concurrent power to legislate on health protection does not exempt the States, the Federal District, and the Municipalities from observing general rules issued by the Union, especially those that convey due process standards and define essential activities whose operation cannot be hindered by measures established by local authorities."