Controversies regarding the state decree of isolation of the State of Rio de Janeiro

Rio de Janeiro’s State Government issued Decree nº 46.980 which determines the suspension of interstate passenger transportation, of international and national flights as well as of docking of cruise ships originating from States or countries where the coronavirus is actively circulating. Nonetheless, the State Decree is questionable as, according to the Federal Constitution, the ability to limit interstate and international circulation (overland, aerial or waterway) is within federal agencies’ competences. Indeed, controversy arose since the restrictions provided for in the decree should have been debated and decided by the ANTT, the ANAC and the ANTAQ. This question of competencies will, ultimately, be resolved by the Judiciary.

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