ADPF 742
Argument for Failure to Comply with a Fundamental Precept
Reporting Justice: Marco Aurélio
This lawsuit also received the following seals:
CONTEXT
During the Covid-19 pandemic, quilombola communities suffered twice as many deaths from the disease as the national average. The situation was a direct result of the lack of access for quilombolas to public policies in various areas, especially health and sanitation.
LEGAL SUIT
The lawsuit sought to order the Federal Executive Branch to adopt a specific plan to combat Covid for quilombola communities, given, among other things, the constitutional guarantee of physical, social and cultural reproduction of quilombola communities, in accordance with articles 215, V, and 216, II, and §§ 1, 5, of the Constitution.
OUTCOME
The Supreme Court granted the request for violation of the protection of life and health, requiring the implementation of a set of specific measures for quilombola communities, including the distribution of protective masks, tests and vaccinations.
REPERCUSSION
“Justice Luiz Edson Fachin, of the Federal Supreme Court (STF), ordered the Federal Government to formulate, within 30 days, a national plan to deal with the Covid-19 pandemic with regard to the quilombola population, formulating objectives, goals, programmatic actions, implementation schedule and evaluation methodologies, contemplating, at least, measures aimed at expanding prevention strategies and access to testing facilities and public health services, control of entry into the territories by third parties considered community social isolation and distribution of food and hygiene and disinfection material.”