Legal report on decisions and news of the Supreme and Constitutional Courts of Mercosur States Parties and Associates. Edition 3/2019 Version in Portuguese Federal Supreme Court of Brazil declares constitutionality of the law of Rio Grande do Sul that allows the sacrifice of animals in religious rituals Thursday, March 28, 2019 The Plenary denied an appeal filed by the Prosecution Office of the State of Rio Grande do Sul and validated a state law that understands that the ritual sacrifice of animals in cults of religions of African matrix does not fit as mistreatment. By unanimous vote, the Federal Supreme Court (STF) understood that the law of Rio Grande do Sul that allows the sacrifice of animals in religious rites is constitutional. The Plenary of the Court finalized on Thursday (28) the judgment of Extraordinary Appeal (RE) 494601, in which the validity of State Law 12,131 / 2004 was discussed. Read more Decision Case Law ARGENTINA Supreme Court of Argentina Rejection of proposals in a case linked to the signing of the memorandum of understanding with Iran Thursday, March 7, 2019 The Supreme Court of Justice of the Argentine Nation, unanimously dismissed two appeals by extraordinary federal appeal denied, presented by the defense of Cristina Fernández de Kirchner and Oscar Parrilli. It was in the context of a case investigating the alleged practice of crimes arising from the preparation and signing of the Agreement of Understanding between the Government of the Republic of Argentina and the Government of the Islamic Republic of Iran on the attack on AMIA's headquarters. The II Panel of the National Chamber of Criminal Appeals and Federal Correction had confirmed the judgments of, among others, Fernandez de Kirchner and Parrilli, framing what happened as an impediment to a functional act, abuse of authority and aggravated concealment. In the same resolution, the court upheld the preventive detention imposed on Fernández de Kirchner, whose effective execution was conditioned to the result of the action process to withdraw the special forum required by the investigating judge. The High Court, with the signature of Carlos Rosenkrantz, Elena Highton de Nolasco, Juan Carlos Maqueda, Ricardo Lorenzetti and Horacio Rosatti, dismissed the appeals on the grounds that they were not directed against a final decision or equivalent thereof (according to article 14 of the law 48). Source Decision BRASIL Supremo Tribunal Federal Preliminary injunction guarantees the remuneration equation between servers teaching at the Police Academy of Mato Grosso do Sul Thursday, March 28, 2019 In the decision, the Justice Alexandre de Moraes grants preliminary injunction in direct action of unconstitutionality and confers interpretation according to the Federal Constitution to the rule foreseen in decree of Mato Grosso do Sul. Justice Alexandre de Moraes, of the Federal Supreme Court of Brazil, partially granted an preliminary injunction in the Direct Action of Unconstitutionality (ADI) 6012 to grant interpretation according to the Constitution to the decree of the State of Mato Grosso do Sul, which deals with the amount of the indemnity to be paid to servers who volunteer to teach at Police Academies. According to the interpretation given by the rapporteur, there can be no distinction of remuneration between classes given by police delegates and those given by servants occupying other positions of the state Judicial Police, under penalty of violation of the principle of equal rights. The preliminary injunction must be submitted to a referendum of the STF Plenary. Source Decision CHILE Corte Suprema de Justiça do Chile Chile's Supreme Court confirms decision condemning commercial chain for violation of consumer law Thursday, March 7, 2019 The Chilean Supreme Court rejected the complaint and upheld the judgment that convicted the commercial chain Fashion's Park SA, to pay 75 UTM (monthly tax units) for violation of the law of protection of consumer rights, due to the linked sale of insurance against fraud of credit card. In a unanimous decision (roll 23,042-2018), the Second Chamber of the High Court - composed of Justices Hugo Dolmestch, Carlos Künsemüller, Lamberto Cisternas, Manuel Antonio Valderrama and Jorge Dahm - rejected the proposed action against the decision of the Chamber of the court of Santiago which overturned the lower court decision and condemned, with costs, the commercial chain. Source Decision Chilean Supreme Court upholds decision and orders Chilean National Treasury to indemnify family members executed in Chihuío Thursday, March 7, 2019 The Supreme Court upheld the sentence condemning the Chilean State to indemnify spouses, mothers, siblings and children of forest workers and peasants who were illegally arrested and executed in October 1973, at the Chihuío ranch, in the municipality of Futrono, in Ríos region. In a unanimous decision (case No. 29,251-2018), the Second Panel of the Supreme Court - composed of judges Carlos Künsemüller, Lamberto Cisternas, Manuel Antonio Valderrama, Juan Manuel Muñoz Pardo and the barrister Antonio Barra - dismissed the appeal against the sentence that ordered the defendant to pay $ 80,000,000 to the victims' widows ; $ 100,000,000 to their mothers; $ 60,000,000 to their children and $ 40,000,000 to their brothers, as compensation for the moral damages caused by state agents. Source Decision Chile's Supreme Court rejects appeal of nullity and confirmed decision by illicit association and trafficking of migrants Wednesday, March 6, 2019 The Chilean Supreme Court rejected an action for annulment and upheld the judgment condemning the applicants as perpetrators of crimes of illicit association of migrant trafficking and trafficking of migrants. Illicit acts committed between 2013 and 2016, in sectors bordering Peru and Bolivia. Unanimously (case 331-2019), the Second Chamber of the highest court - composed of Justices Hugo Dolmestch, Carlos Künsemüller, Lamberto Cisternas, Manuel Antonio Valderrama and Jorge Dahm - ratified the contested decision handed down by the Oral Criminal Court of Arica, which condemned the organization "Soledad Maquera Clabetía" to 5 years in prison for illicit association of migrant trafficking and 12 years imprisonment for migrant trafficking; and Juan Castillo Vilca to 3 years in prison for illicit association of migrant trafficking and 10 years and a day of imprisonment for migrant trafficking. Source Decision COLÔMBIA Corte Constitucional da Colômbia Colombian Constitutional Court issued a warrant to the Public Prosecutor's Office to accompany the Embera Chamí Daidrua indigenous community in order to guarantee their access to drinking water Monday, March 11, 2019 The decision was based on the protection action proposed by the indigenous community mentioned above against the National Committee of Coffee Growers of Quindío, in which it was intended to acquire a minimum of water free of charge per day. Although the Review Chamber concluded that it was not possible to adhere to the proposed action, since the Committee did not provide public service, because it was not a drinking water supply and therefore not suitable for human consumption, it was considered important to initiate the institutional dialogue to achieve access to this service. The warrant, carried out by the Constitutional Court, was based on the competence of the municipal Public Prosecutor's Office, provided for in Article 38 of Law 1551 of 2012, according to which it has the function of "directing and instructing the inhabitants of the municipality in the exercise of their rights before the competent public or private authorities, "especially when it comes to issues of special constitutional protection. Source Decision News Argentina | Lawsuit for indemnity for a trainee who was dismissed during pregnancy Thursday, March 7, 2019 A woman sued the Education Ministry of the City of Buenos Aires (Argentina) and also the University of Buenos Aires (UBA), requesting $ 23,655.14 for compensation of unjustified dismissal during pregnancy. The woman used to work at the Management of Teaching and Non-Teaching Personnel, linked to that ministry, under convenant for university internships between the UBA and the Government of the City of Buenos Aires. At the end of her internship and after taking care of her pregnancy, she filed an action requesting the reparation of the discriminatory act she suffered. The Federal Administrative Court No. 12, chaired by Macarena Marra Giménez, pointed out that the "guarantee of stability" of all women during pregnancy and the presumption contained in article 178 of the Labor Contract Law (LCT) provides that, if the employment relationship ends within seven and a half months before or after the date of the childbirth, since the woman has fulfilled her obligation to notify and confirm her pregnancy, it is presumed that the resignation was due to such motivation. In addition, the court gave rise to the action regarding the lack of passive legitimacy proposed by the UBA, referring to the statement of the Public Prosecution Service. Read more Decision Argentina | Unconstitutionality of the Immigration Law in Argentina is denied with respect to its possibility of detaining a person while an appeal against his expulsion from the country is being resolved Wednesday, March 6, 2019 A person questioned the judicial authorization of detention decreed based on article 69 of law 25.871, claiming that the act by which his expulsion from the country was ordered was not enough. The Fourth