Sergio Bermudes represents CNSaúde in dispute over quarantine law

Brazilian law firm Sergio Bermudes Advogados is representing CNSaúde, Brazil’s National Health Confederation, in a direct action of unconstitutionality before the Federal Supreme Court (STF), challenging certain aspects of the so-called ‘Quarantine Law’, enacted on February 20, and signed by President Jair Bolsonaro and Ministry of Justice Sergio Moro.

The law allows local health managers to compulsorily request goods and services from suppliers and private hospitals in order to fight the Covid-19 pandemic.

According to CNSaúde’s suit, several local health managers have been relying on such provision to request goods and services without any coordination with the Ministry of Health and without due reason, thereby rendering such provision unconstitutional as a violation of property rights and free enterprise.

CNSaúde is calling on the Supreme Court to modify the interpretation of such provision in accordance with the Constitution so that compulsory requests from local health managers receive prior authorisation from a central authority, namely the Ministry of Health, and to meet prerequisites that prove their absolute need.

CNSaúde stands is the most important industry representative of the health sector, grouping together eight federations (Fenaess, Fehosul, Feherj, Fehospar, Fehoesc, Fehoesg, Febase and Fehoesp) and 90 health unions in Brazil.

The law firm’s team was led by Sergio Bermudes (pictured), with Pedro Marinho Nunes, Marcelo Lamego Carpenter, André Silveira, Antonella Consentino, Ricardo Loretti Henrici, Beatriz Marinho, Gabriel Spuch, and Paola Hannae Takayanagi.