Decree of the new state of emergency provides for the crime of disobedience: “deaths are high, there are risks of aggravation if we withdraw”



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The President of the Republic proposed this Wednesday to parliament the renewal of the state of emergency until January 7, which covers Christmas and New Year’s Eve, a decision that he had already indicated as probable earlier this month. In the presidential decree, which can be read HERE in its entirety, the head of state writes that “despite the slight decrease in the incidence rate of new cases of contagion, the death figures are still very high, confirming the experts the clear risks again aggravation of the pandemic in case of reduction of the measures adopted to confront it ”.

The decree also provides for the crime of disobedience, something that the previous one did not contemplate: “The violation of the provisions of the declaration of the state of exception, even in its execution, incurs the crime of disobedience to the respective authors, in the terms of article 7 of Law 44/86, of September 30, in its current wording.

In a complementary note published on the website of the Presidency, it is also mentioned that, “after listening to the Government, which delivered a favorable pronouncement tonight, the President of the Republic has just sent the draft renewable diploma to the Assembly of the Republic for its authorization, for a period of 15 days, until January 7, 2021, the state of emergency for the entire national territory, allowing the Government to carry out the measures for this new period.

This is the seventh diploma of the state of emergency of Marcelo Rebelo de Sousa in the current context of the covid-19 pandemic, which will enter into force between December 24 and January 7, 2021, and is debated and voted on in the Parliament this Thursday. The Government must present the measures in detail the next day.

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