Road block determined by Governor and (or) Mayor

The Governor is prohibited from closing the boundaries of the Federation Unit and the Mayor is prohibited from closing the Municipality limits.

I understand that this is the interpretation that can be extracted from the reading of the decision issued on March 25th, 2020 at 9:55 am by the Minister of the Supreme Federal Court (STF) Marco Aurélio (Precautionary Measure in Direct Action of Unconstitutionality #6,343 from Federal District).

I highlight the following excerpt from the text of the aforementioned decision: "The changes promoted in Law #13,979/2020 must be kept in force, until the sieve of the National Congress, under penalty of potentializing political-party views to the detriment of the public interest".
 

It seems to me that, in spite of "taking care of health" (which is constitutional - Constitution of the Federative Republic of Brazil 1988 (CRFB-1988), article 23, item II), the heads of state and municipal executives ended up invading an exclusive competence of the Union: to legislate about transit and transport (CRFB-1988, article 22, item XI). It seems to me that it is unconstitutional for the Heads of State and Municipal Executive Powers to prevent and (or) restrict locomotion within the national territory (which would be legislating about transit and transportation). So much so that the measure to restrict entry and (or) locomotion within the national territory was conditioned to the technical and reasoned recommendation of the National Health Surveillance Agency (Federal Ordinary Law #13,979, of February 6, 2020, article 3, item VI). It seems to me the regular exercise of the private legislative competence provided for in article 22, item XI, of the Federal Constitution, in terms of traffic and transportation.

Jamenson Ferreira Espindula de Almeida Melo

Lawyer (since July 7, 2011) working in the Metropolitan Region of Recife, Pernambuco, Brazil, South America..

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