Abstract
Ordinance Nº. 39 enacted during the pandemic is a rule arising from public policies with discriminatory characteristics, similar to several rules that make up our legal system. The purpose of this poster is to propose the possibility of ascertaining, through clear and objective criteria, suggested by the scholars Humberto Ávila and Bandeira de Mello, if the measure is proportional in relation to the objective that is objective and harmonious with the values of our Constitution.