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Justice prohibits Doria from forcing teachers to return to schools without control of the pandemic

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São Paulo – Judge Simone Gomes Rodrigues Casoretti
decided today (9) that the João Doria government (PSDB) cannot compel
teachers and other education workers to return to face-to-face classes
in schools without control of the covid-19 pandemic. According to the decision, while
the red or orange quarantine phases are in effect, health professionals
education affiliated to the Union of Teachers of Official Education of the State of
São Paulo and five other unions, which are the authors of the lawsuit, do not
may be invited to face-to-face activities. This format is already applied to
students.

The decision is a “victory for the struggle for life” in the midst of the pandemic, for teachers and other education workers. “Suspending face-to-face classes is saving lives. We are at the worst moment of the pandemic. We will only return when there is security for teachers, students and the school community. For this reason, we are demanding that our category be vaccinated in the first phase of immunization together with health professionals, the elderly and indigenous people ”, said the president of Apeoesp and state deputy, Professor Bebel (PT). Teachers have been on strike for a month.

A survey carried out by Apeoesp shows that there have already been 33 deaths and 2,190 confirmed cases of covid-19 in 994 state schools, since classes returned in the state of São Paulo. The Doria government has admitted 21 deaths, 4,084 confirmed cases and 24,345 suspected cases of covid-19 since January. However, even with the worsening situation, which led to the highest number of hospitalizations and deaths by covid-19 in São Paulo since the beginning of the pandemic, the toucan decided to keep schools open and teachers obliged to attend.

Decision

The judge stressed that the Doria government ignored several aspects when determining the obligations of teachers to attend schools in the midst of the covid-19 pandemic, even in the red and orange phases of quarantine. She highlighted the speech of the Secretary of State for Health, Jean Gorinchteyn, defending the closure of schools in the current situation. And he pointed out that the so-called “golden rule” for the return to school was ignored: to resume only from the moment the contagion curve is controlled, according to epidemiological indicators used in the São Paulo Plan, as determined by decree 65.061, of 13 July 2020.

“The provisions of Decree no. 65,384, of 17
December 2020, did not observe the central bases for the return to classes and
much less was considered the so-called “golden rule”, as
mentioned in the opinion of the Secretariat of Education, reasons why it is possible to
conclude by the absence of valid and scientific motivation for the resumption of
face-to-face classes in the red and orange phases of the São Paulo Plan. In the most
of the pandemic, with a number of daily deaths exceeding the level of
1,000 and the inability of the health system, the face-to-face return to classes,
although with a reduced number and optionally for students, without
scientific evidence on the impact on covid transmission, is measured
contradictory and without valid motivation ”, argued the magistrate.

“The defendant claims that the return to face-to-face classes is
optional, with respect to the autonomy of the Municipalities, however, in relation to
teachers and other employees of state schools was not instituted
no rotation system, much less the possibility of inclusion
priority list of vaccination against covid. Only on 5.3.2021, the
Ministry of Health included such professionals on the priority list, but there is no
date for the beginning of the vaccination ”, continued the judge.

Parameters

Simone also stressed that the decision does not discuss the fundamental right to education, but the conditions under which the return to school was proposed by the Doria government, forcing teachers to attend schools amid the worsening pandemic. And he pointed out that the model of back to school in first world countries, which are constantly evoked by Doria and the Secretary of State for Education, Rossieli Soares, cannot be considered parameters for the state of São Paulo “without an analysis of the real conditions health conditions and the reality of our public schools ”.

She also pointed out that the argument that schools
are not places of greatest transmission is acceptable, but that in São Paulo most
students and teachers use public transportation, which follows
crowded and insecure.

“The return to face-to-face classes, even with a small number of students, implies a greater circulation of people on the streets and in public transportation, a place with a high spread of the virus, due to the number of people confined in a space with insufficient ventilation. And, in many cases, the situation of teachers worsens, since most of them teach classes in more than one school per day, whose displacement facilitates greater exposure to the virus ”, he justified.

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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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