Marcelo’s new state of emergency decree foresees the crime of disobedience – Observer



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The President of the Republic has already sent Parliament a proposal to renew the state of emergency. As reaffirmed in the document itself – and the measures announced by the Government were already anticipating – the state of emergency will be renewed until January 7, in a renewal “already pre-announced” in the previous renewal. But, unlike the previous renovation (which did not bring differences), this one brings an important one. Marcelo made it clear in the decree that non-compliance with the regulations can result in crime of disobedience, not being new – since it is the law of the state of exception that provides for it – the president clearly expresses it in this renewal.

Marcelo Rebelo de Sousa points out that, although there has been a “slight decrease in the incidence rate of new infected cases”, “mortality rates are still very high”, which justifies maintaining the “situation of public calamity caused for the Covid-19 pandemic ”. And he quotes the experts to justify the need to keep the country in a state of emergency until January 7: “Clear risks that the pandemic will worsen even more if the measures adopted to confront it are reduced ”.

And, given that the Christmas and New Year festive season will take place during the term of this renewal of the state of emergency, now proposed by Marcelo, the President of the Republic added a point that offers Crime of disobedience for those who do not respect the provisions of the declaration of a state of emergency.. This could be a way to dissuade the Portuguese from trying to break the rules set for the Christmas season and end of the year. So that there are no doubts about what the renewal of the state of emergency entails. The law of the state of emergency already provides in its article 7 that the “violation of the provisions of the declaration of the state of siege or of the state of emergency or of this law, that is, with regard to the execution of said law , incurs a crime of disobedience ”, an article that Marcelo responded to in this renewal, making everything clear.

All other points of the decree remain unchanged, although with the introduction of number six, there are now eight articles in the presidential decree.

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You can read the full presidential decree here.



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