Court grants injunction and prevents Nunes administration from evicting Container Theater for 180 days

On Thursday, the 21st, the São Paulo court granted a preliminary injunction guaranteeing the Container Theater's continued operation at its headquarters in the city center for a minimum period of 180 days. The decision is subject to appeal.

The ruling, by Judge Nandra Martins da Silva Machado, came on the theater company's deadline to vacate the land it has occupied since 2017, according to a notice issued by the São Paulo City Hall. The land has been requested by the Ricardo Nunes (MDB) administration, claiming it will be used for the construction of a social interest project.

According to the injunction, the theater company's permanence is guaranteed at Rua dos Gusmões, number 43, address of the official headquarters; and also at Rua General Couto de Magalhaes, 385, 387, a space used to store sets and costumes, and which was the target of a reintegration action by the Municipal Civil Guard, last Tuesday 19. Also according to the decision, agents of the GCM and other state agencies are prohibited from making incursions into the location during the period.

The judge emphasized that the interruption of the theater's activities, which were confirmed until December and are the result of partnerships with municipal and state authorities, would cause harm not only to the theater and its artists but also to society. She also considered that the vacancy deadline set by the City Hall was unenforceable, considering the entire technical infrastructure associated with the theater.

“The short period of vacancy that has already ended is not sufficient to ensure the preservation of the heritage material and immaterial that the Mungunzá Container Theater represents,” he noted, when defending technical and logistical planning in the event of a possible transfer of location.

The São Paulo Public Prosecutor's Office also wrote to Mayor Ricardo Nunes requesting clarification on the GCM's actions at the scene. They also requested explanations regarding the existence of a court order or administrative order and coercive removal "for the aforementioned intervention at the scene, involving the use of bombs and pepper spray by the Regional Inspectorate of Special Operations." These questions are part of a civil inquiry already opened by the agency to investigate "a possible willful act of administrative misconduct" committed by Ricardo Nunes and municipal secretaries due to an extrajudicial notification issued against the theater company.

'Rogue against barbarism'

On the evening of Thursday the 21st, the theater company gathered hundreds of people at its headquarters in the Santa Ifigênia region in yet another rally to support its continued existence. The event was attended by federal representatives Ivan Valente (PSOL) and Samia Bomfim (PSOL), state representative Ediane Maria (PSOL), city councilor Amanda Paschoal (PSOL), and architect and former São Paulo Municipal Secretary of Culture Nabil Bonduki.

The parliamentarians raised their voices against the City Hall and pointed out the hidden interests of Mayor Ricardo Nunes, as well as the governor of São Paulo, Tarcísio de Freitas (Republicans), regarding the theater's departure from the region.

Hundreds of people gather in support of the Container Theater in the city center. Credit: Luca Meola

"There's a hygienic intention, to clean up part of the city to serve real estate speculation," Valente condemned. "Since when do Bolsonaro supporters think about culture?" he criticized.

"They hate culture because culture makes people like me think, and they don't want that," added Ediane Maria, also a member of the MST. "They want the disappearance of culture and social movements, and they use public security against the outskirts and people who occupy the city center," she condemned.

Protesters also criticized the municipal secretary of culture, Totó Parente, who referred to the theater as "riot" in an editorial published by Folha de S. Paulo , also on Thursday. "Rogue against barbarism," those present shouted, affirming the secretary's lack of preparation and knowledge about the city of São Paulo.