Judge Benedicto Abicair, from the Rio Court of Justice, accepted an injunction made by Mayor Eduardo Paes, who disputes State Law No. 10.855
It decided to appeal to court against a recent decision that attributes the property of the city hall. Judge Benedicto Abicair, of the Rio Court of Justice, accepted an injunction made by Mayor Eduardo Paes, who disputes State Law No. 10,855. This legislation had transferred the management of the New Cidade area, where the sambadrome is located, to the state. Judge Abicair based his decision by stating that this law violates the federative pact and the separation of powers. He also mentioned that the rule attentive against property law and due process of law, emphasizing the importance of municipal autonomy to legislate on issues that directly affect their communities.
In addition, Abicair pointed to the unconstitutionality of the law in question, highlighting the need for a precautionary measure. According to him, this action is crucial to avoid administrative instability and legal insecurity that may arise in relation to municipal heritage, especially in a context where local management is fundamental for the functioning of the city. The dispute around the sambadrome reflects a broader clash on the division of responsibilities between levels of government in Brazil.
*Report produced with the aid of AI
