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The Federal Court granted an injunction prohibiting blockages and closures on BR-364, in response to a request from the Concessionária de Rodovia Nova 364 SA, given the imminent risk of stoppages on the road. In the decision, handed down this Thursday (29), the magistrate set a fine of R$100,000 per hour in the event of traffic interruption and highlighted that the right to demonstrate cannot override the safety and free movement of the community.
BR-364 was closed /Photo: Reproduction/ Rinaldo Moreira
In his reasoning, substitute federal judge Guilherme Gomes da Silva highlighted that the documents presented demonstrate a “concrete and imminent threat of blocking the BR-364 Highway”, which constitutes “a fair fear of possessory robbery, under the terms of article 567 of the Code of Civil Procedure”. According to him, the probability of entitlement and the danger of harm are also present, given the immediate impact on the population.
The decision highlights that, although the right to protest is guaranteed by the Constitution, it finds limits when it affects other fundamental rights. “The total or partial interruption of a federal highway of high logistical relevance causes disproportionate losses to the population in general”, states the judge, adding that this type of practice can characterize “abusive exercise of the right to demonstrate when carried out by blocking the road”.
With the injunction, the defendants, described in the process as uncertain and unknown, and any people who join any movements are prohibited from “blocking, interdicting or obstructing, totally or partially, vehicular traffic” on BR-364. The decision also prohibits “acts of vandalism or any type of damage to toll plazas (gantryways), booths, cameras, sensors and other concession assets”, in addition to crowds or parking of vehicles on lanes and shoulders.
The judge set a fine of “R$100,000 per hour that the BR-364 highway remains interrupted, in whole or in part”, without prejudice to any possible increase. To ensure compliance with the order, the Federal, Federal Highway and Military police were called in.
The decision takes immediate effect and is valid as a court order. After compliance with the measures, the Union, the Federal Public Ministry and the Federal Public Defender’s Office must be summoned to demonstrate.
