Rejecting the covid-19 test could carry a fine of up to a thousand euros



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Carrying out diagnostic tests in covid-19 becomes a duty of the citizen, as is already the case with the use of masks on public roads, and the refusal will be sanctioned with a fine of 200 to 1,000 euros during the state of emergency. The administrative offense regime, reformed this Thursday by the Government, establishes the sanction, whenever a situation of alert, contingency or calamity is declared.

The new regulations were published this Friday in the Diário da República by decree-law, after approval by the Council of Ministers the day before, and will enter into force on the “day following their publication”, that is, this Saturday.

The Government justifies the alteration of the administrative regime and begins to sanction with a fine the “duties imposed by the state of emergency”, as it is found that the “decrease in traffic on public roads” is still insufficient to “face the current state of the pandemic of the covid-19 disease, so it is necessary to clarify the restrictive measures applied and adopt additional measures to try to reverse the accelerated growth of the pandemic ”.

In this sense, he also explains in the decree-law published this Friday, the “possibility of applying infractions, in the event of non-compliance with the duties imposed by the decree of the state of exception,” is created, including the refusal to carry out a diagnostic test. to covid-19, when decreed by the health authority.

Failure to do so constitutes an offense, punishable by a fine of 100 to 500 euros for individuals and 1,000 to 10,000 euros for legal persons. Reoffending has a more severe punishment: the fine will be increased by one third at its maximum limit. However, during the state of emergency, the fines double. The minimum value is 200 euros and the maximum is 1,000 euros for individuals and 2,000 to 20,000 euros for companies and other legal entities.

In the event of repeated refusal to “observe the performance of the SARS-COV-2 diagnostic tests”, the citizen must pay a minimum of 266 euros and a maximum of 1,330 euros during the state of emergency.

14 new duties with sanction

In addition to the obligation to prove the covid-19, the decree-law introduces other duties that become punishable. First, the general duty of home collection and the limitation of movements between municipalities. The driver who takes to the road without valid justification will not only be stopped by the authorities and sent to his home. You risk paying a fine.

In the list of 14 duties that give the right to a fine, the “observance of the prohibition to carry out activities in an academic context” is also highlighted. It remains to be seen if this rule applies in the case of private schools that, against the determination of the Ministry of Education, advance with online classes in the next 15 days.

Failure to comply with the duties of “closure of facilities and establishments”, “suspension of the activity of facilities and establishments”, the “prohibition of advertising of commercial practices at reduced prices” (also known as balances and promotions), the “rules” of operation of catering establishments and the like “, from the sale at the gate, the consumption of meals or other products at the door or in the vicinity of commercial establishments, from the sale of certain products in retail establishments (specifically, clothing, toys and books in supermarkets and hypermarkets), rules for holding events, defined measures for the operation of residential and reception structures (such as nursing homes), rules for physical and sports activities and rules for the capacity of vehicles with more of five seats.

Airport tests

The new regime for administrative offenses distinguishes covid-19 tests at airports from the duty of observing these tests for the rest of the population. In the case of airports, passengers who refuse this control upon arrival in Portugal will pay a fine of between 600 and 1600 euros during the state of emergency. The recurrence is also aggravated by a third.

Airlines that allow passengers to board without a negative COVID-19 test, carried out in the 72 hours prior to boarding, will continue to be fined between 1,000 and 4,000 euros per passenger.

Ana, the entity responsible for the management of national airports, must ensure that all passengers are subjected to a body temperature control, in addition to providing a laboratory test to detect covid-19 to anyone who arrives without it. analysis performed. Failure to comply with these rules will be sanctioned with a fine of between four thousand and six thousand euros.

All crimes are now subject to double punishment during the state of emergency, as announced by Prime Minister António Costa. The values ​​described here already include this determination.

Who supervises

At airports, inspection is the responsibility of the Immigration and Border Service and the National Civil Aviation Authority. The rest of the functions, which are part of the new administrative regime, must be inspected by the GNR, PSP, municipal police, Maritime Police and the Food and Economic Safety Authority (ASAE).

The voluntary payment of the fine, which may be made at the time of its appraisal, guarantees settlement in the minimum amount established by law.



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