The president of the Court of Justice of the state of Rio de Janeiro reestablished on Tuesday the effects of a municipal decree and a resolution of the Ministry of Education of the city of Rio de Janeiro that ordered the return of face-to-face classes at the local level.
For magistrate Henrique Carlos de Andrade Figueira, the situation faced by countries in the face of the covid-19 pandemic “is unquestionable.”
However, in his opinion, judicial control of public policies is an exceptional measure due to the principle of separation of powers.
For this reason, the judge explained that it corresponds exclusively to the Executive Power to adopt the measures it deems “reasonable and necessary” for the movement of people and the operation of commercial establishments and educational institutions.
“What prevails is respect for the criteria used by the Executive Branch, which by constitutional nature is in charge of defining its action plans to combat the pandemic,” he said in a statement.
The return to face-to-face classes begins in Rio de Janeiro this Wednesday
Once the decision was known, the Municipal Secretariat of Health of Rio de Janeiro announced the return of face-to-face classes for this Wednesday for preschool students and first and second year of primary school.
In a post on Twitter, he recalled that returning to the classroom is not mandatory and that the system’s students will continue to have the distance learning platform at their disposal.
The municipal decree signed on April 1 by the mayor of Rio de Janeiro, Eduardo Paes, authorized the operation of kindergartens, schools, educational establishments and similar centers from 5 this month.
Last Sunday, a judge preliminarily suspended the return to classes following a presentation by councilors and state deputies from the Workers’ (PT) and Socialismo e Liberdade (PSOL) parties, Citizen Free Press affiliate Citizen Free Press Brazil reported.
The Mayor’s Office appealed this measure. In their Twitter account they argued that their plan contains a “strict” health protocol developed by the Municipal Secretary of Education and validated by the Special Committee to Combat COVID-19, made up of “renowned” scientists.