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The Government has just approved the declaration of the state of emergency in Portugal and the draft diploma of the President of the Republic, Marcelo Rebelo de Sousa, will be approved by the Assembly of the Republic. The debate in Parliament will take place this Friday, November 6, and the state of emergency will come into force as of Monday, November 9, and will remain so until November 23.
In practice, the draft of Marcelo Rebelo de Sousa’s diploma gives the Government permission to “take certain measures to combat the Covid-19 pandemic.”, as can be read in the message published on the website of the Presidency. The decision to move forward with the state of emergency is justified by the fact that “greater guarantees of legal security of the measures adopted or to be adopted by the competent authorities for the corresponding prevention and response” are necessary for the control of the pandemic.
Measures that can now be taken include:
- “restrictions of movement in certain places at certain times, particularly in the municipalities with the highest risk;
- the use, if necessary and preferably by agreement, of health establishments in the private, social and cooperative sector, with due compensation; the mobilization of workers, as well as of the Armed and Security Forces, to strengthen health authorities in epidemiological and detection surveys;
- the possibility of measuring body temperature, by non-invasive means, and imposing access tests to certain services and equipment ”, says the official note.
Thus, four areas of rights are conditioned, namely, the rights to freedom and movement, the right to private, social and cooperative initiative, the rights of workers and the “right to free development of personality and appearance. negative of the right to health ”.
With regard to freedom of movement, there are already several exceptions on the table. First of all, “the performance of professional activities”, health reasons or assistance to third parties, the frequency of educational establishments, the production and supply of goods and services and “other powerful reasons, in which case the Government, in this case, it specifies situations and purposes in which individual freedom of movement is maintained, preferably without a companion ”.
The draft decree of the President of the Republic establishes that the state of emergency lasts for 15 days, beginning at 00:00 hours on November 9 and ending at 23:59 hours on the 23rd “without prejudice to possible renewals. , in the terms of the law “.
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