The Brazilian STF (Federal Supreme Court) formed a majority in the early hours of Tuesday (Nov. 1) to uphold the decision of Justice Alexandre de Moraes ordering the PRF (Federal Highway Police) to immediately unblock the highways paralyzed by Bolsonarist truck drivers.
The case was analyzed in the virtual plenary of the STF. The Justices decided whether or not to uphold Moraes’ decision.
Late on Monday night (Oct. 31), Moraes ordered the roads to be unblocked.
He also fixed a fine of R$100,000 (US$19,000) per hour of non-compliance, as of midnight this Tuesday, to be applied directly to the general director of the PRF, Silvinei Vasques.
The decision also states that Vasques can be arrested and removed for disobedience if the order is not followed.
Moraes was followed by Roberto Barroso, Edson Fachin, Gilmar Mendes, Cármen Lúcia, Rosa Weber, and Dias Toffoli.
The truck drivers blocked or interdicted highways in 25 states and the Federal District in a demonstration against Luiz Inácio Lula da Silva’s (PT, left) election as President of the Republic.
Moraes analyzed a request from the CNT (National Confederation of Transport).
According to the Justice, although the right to strike is in the Constitution, it is not an absolute guarantee.
He also said there is an apparent omission of the PRF, which would not be “performing its constitutional and legal task.
“Like the other Fundamental Rights, the rights of assembly and strike are relative, and cannot be exercised, in a democratic society, in an abusive manner and threatening to protect the rights and freedoms of others, the requirements of health or morality, public order, national security, public safety, the defense of order and crime prevention, and the welfare of society,” he said.
The minister also said that the truck drivers’ demonstration has no labor motives, but seeks to disrespect “the result of the election for president and vice president” held on Sunday (Oct. 30).
Moraes also determined that the PRF and the Military Police identify the trucks that were blocking the roads so that he could impose a fine of R$100,000 per hour against those responsible for the vehicles.
Finally, he subpoenaed the Minister of Justice, Anderson Torres, the general director of the PRF, all the commanders of the military police of the states, the PGR (Attorney General of the Republic), and the attorneys general of Justice of the states to take the measures “that they deem appropriate, including the accountability of the authorities at fault.
AGU
The PRF has triggered the AGU (Attorney general of the Union) to obtain preliminary (provisional) decisions to maintain the flow on federal highways in court.
However, specialists heard by Poder360 said that the PRF has police power to act on the highways and, by activating the AGU, would be directing the decision to the Judiciary.