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An injunction that suspended back to school in São Paulo is revoked. Teachers promise strike

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São Paulo – The President of the São Paulo Court of Justice, Geraldo Francisco Pinheiro Franco, revoked the injunction that suspended back to school in the red and orange quarantine phases – which present a greater risk of contamination by covid-19 to teachers and other workers of education. Franco accepted the arguments of the João Doria government (PSDB), that there will be safety equipment and few students per class, while ignoring the medical opinion of pathologist Paulo Hilário Nascimento Saldiva, who defends the suspension of classes in these phases due to health risk, attached to the file.

“It is clear that the resumption of classroom activities
in school units involves elements linked to the merit of the act
administrative process that cannot be analyzed by the Judiciary, whose
focus should be linked to formal aspects of validity. If you cannot invalidate,
on merit, the administrative act is also prohibited from the Judiciary
decision that replaces the merit of that act, based on technical criteria ”,
argued Franco, referring that the decision to return to school in São Paulo
only to the São Paulo government.

Reactions

The six unions that filed the lawsuit questioning the return to school in the red and orange phases of the quarantine informed that they will appeal. The Union of Teachers in Official Education of the State of São Paulo (Apeoesp) also informed that the maintenance of the decision will lead teachers to go on strike from February 8.

“Apeoesp will appeal against this decision, which did not attack important points raised by the entity, notably the precarious infrastructure of state public schools and the risk of contagion of Education professionals and students, both supported by technical data, produced by the Institute of Architects do Brasil (IAB) and by a renowned medical authority, which were not questioned by the state government. In addition, it signals the start of a strike starting on February 8. There will be no back to school without security for education professionals, ”said the president of Apeoesp and state deputy, Professor Bebel (PT).

The injunction

Judge Simone Gomes Rodrigues, from the 9th Court of Public Finance, granted the injunction suspending back to school in São Paulo in the red and orange phases, yesterday afternoon (28). The lawsuit questions the determinations of Decree 65.384 / 20 and Resolution SEDUC 95/2020, of the Doria government. Today, the state has almost 70% of intensive care units (ICU) for patients with covid-19 occupied. The transmission rate is high, with an average of more than 10 new cases per day. About 1,500 hospitalizations and 220 deaths are recorded every day.

“The current situation of the health crisis does not justify
resumption of face-to-face classes in schools located in classified areas
in the orange and red phases, in the name of protecting the right to life, which
can be despised. Thus, the right to life deserves to prevail, because risking the
health care to resume face-to-face classes, in places where the transmission of
virus is intense, without vaccination of education professionals, can generate a
increase in the number of people infected and killed by the virus ”, argued the judge.

The proposal of the Doria government was that the return to school in São Paulo should be mandatory, with up to 35% of students per class, in the red or orange phases. But, with the worsening of the pandemic, the toucan retreated and authorized that students and their families could choose to return or not. However, teachers are still obliged to return on February 1st.

Insecurity and contagion

The magistrate considered that it is not possible to guarantee
safety of teachers and mentioned the analysis of the doctor and doctor in pathology
Paulo Hilário Nascimento Saldiva.

“Education professionals, in a context back
face-to-face activities, will not be exposed only in the classroom, but
also when traveling on public transport, a space that,
notoriously, it provides a great concentration of people. That is, there is a risk
of exposure to the virus both on the way home to the teaching units, due to the
interaction with students, and also in public transport, in interaction
forced with other adults, because both are points of agglomeration of beings
human beings ”, defended Saldiva. For him, it is impossible to talk about 100% protection
against covid-19 indoors.

“The set
mentioned above makes me say, as a conclusion, that the return to classes without
education professionals are vaccinated, it is important to expand their
vulnerability to covid-19, drawing a scenario in which it is not possible for
ensure the right to health and the right to life, even, as stated, with the adoption
assurance measures such as the provision of Personal Protective Equipment
(PPE) and hygiene supplies ”, continued the doctor.

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Economy

Argentine President contaminated by covid-19 and fulfills isolation

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São Paulo – The president of Argentina, Alberto Fernández, informed on social media that he tested positive for covid-19, after showing symptoms of the disease. He said he is in isolation and has warned people with whom he has had contact in the past 48 hours. And he also reported that he had 37.3ºC of fever, in addition to feeling a slight headache.

The announcement was made this Saturday (3), the day after Fernández turned 62. “For everyone’s information, I am physically well and, although I wanted to end my birthday without this news, I am also in a good mood,” said the president.

He received the first dose of the vaccine (Sputnik) in January. The second, the following month. “I’m fine, I don’t have any symptoms. Only this fever from yesterday that I reported ”, he declared to the newspaper Clarín. “It is a very complicated virus, and the demonstration is that I got infected, even though I was vaccinated with both doses and with extreme care,” he added.

Former President Luiz Inácio Lula da Silva, who received the second dose of the vaccine today, sent a message of support to “Daqui do Brasil I send good energy, hoping for its prompt recovery. May soon overcome this disease to continue caring for the Argentine people. Hugs, mate! ”He wrote.

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