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Curfew at 9:00 pm and meetings with limited capacity are some of the measures contemplated in the “Fondéate en tu Casa” plan for these National Holidays.
With the holiday just around the corner and in the midst of the Covid-19 pandemic, the focus has been on how the constraints of the government’s strategy will be enforced and enforced, which has not been exempt from questions.
After the plan was presented by the Executive – and explained on various occasions by the ministers – regional and health authorities criticized, for example, allowing residents of quarantined communes to access special permits to meet with close friends. In response, the government had to backtrack on this matter, defining that the restrictions will be maintained in these cases, and introduced modifications.
With this, it was defined, among other issues, that those people who live in communes in Phase 2 (of Transition) They may request a special permit that they can occupy on one of the three holidays: the 18th, 19th or 20th. This will last 6 hours and will not allow transfer to a commune in confinement.
In the municipalities that are in steps 3, 4 and 5, there will be restrictions regarding the allowed capacity. In open public spaces -squares, parks- the total number of people that can meet is 10 individuals.
On the other hand, in private spaces – private residences, patios, common rooms in buildings – families will be able to receive up to five members in addition to those living in the household.
But how will compliance with the limit of people in private places be controlled? In addition to announcing an increase in auditors for these days, the health authority reported that Seremi de Salud and Carabineros personnel could enter homes if there is a complaint of non-compliance with these rules.
In this regard, the Minister of the Interior, Victor Perez, He reinforced this Tuesday that the health law gives these powers to the different Seremías. “On pandemic issues, the health authority has no restrictions “he added.
Later, it was the very seremi of Health of the Metropolitan Region, Paula Labra, who addressed the issue and assured that “Considering that we are in a State of Catastrophe, we have all the power to enter (homes) together with police. A court order is not necessary ”.
Now,what are the powers of the auditors and what sanctions do they risk? in case of not complying with the restrictions or refusing to be audited? Check below:
The officials of the Seremi de Salud are in charge of supervising compliance with the sanitary standards decreed in the framework of the pandemic.
According to Art. 155 of the Sanitary Code, the staff of the Seremi is authorized to “inspect and search any site, building, house, premises and places of work, whether public or private”.
In fact, Labra said to Third– “Since the beginning of the pandemic, we have inspected more than 65 thousand homes to monitor that Covid-19 positive people and close contacts are developing the mandatory quarantine in their homes.”
For these National Holidays, meanwhile, the staff of the Health Seremi will only appear in homes where there is a “well-founded suspicion or complaint of non-compliance” -such as clandestine parties, presence of Covid positive people who breach their quarantine, among others- and this control will be carried out together with the Carabineros and PDI.
When starting all their procedures, officials must identify themselves by showing their credentials. In addition, they will wear an institutional jacket with a logo and, for this September 18, They will not appear if they are not accompanied by police personnel.
When the inspection ends, added the Ministry of Health, officials “will always leave a record with a foliated number and a copy in tracing to the person being audited, who must also always sign the document.”
If the capacity is breached -both for public and private spaces- Labra indicated that You can file a health summary and a fine that can reach up to 1,000 UTM or about $ 50 million.
In the case of, for example, a clandestine party or a massive event, the organizer may be charged with the crime contemplated in article 318 bis of the Penal Code. This sanctions who in time of a pandemic knowingly generates the risk of spreading the virus. If the person organizing the event is caught at that moment, they could be taken into custody.
In a normal situation, if someone refuses to be inspected, the Seremi can issue a search warrant and request support from the Carabineros.
However, in the current context this command is not necessary. And if there are suspicions or complaints of non-compliance with sanitary restrictions, staff can enter the home.
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