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The Government defended before the Supreme Administrative Court that it did not declare “no suspension of freedom of movement”, but rather “restricted” the movement of citizens in view of the number of infected that “has been increasing exponentially”, so it has the power to do so . This is the Executive’s response to Chega’s action against the prohibition of circulation between municipalities.
In the defense presented by the Center of State Jurisdiction to the Supreme Administrative Court, the Government alleges that its resolution of the Council of Ministers, which determined the prohibition of circulation between municipalities from the hours of this Friday until six in the morning 3 November, does not consist of “any suspension of freedom of movement.”
In other words, for the Government it is not an “absolute and general prohibition”, especially since, it emphasizes, “citizens maintain full freedom of movement within their residence councils.”
“And there are many and significantly broad exceptions that cut the scope of that prohibition,” he refers to in the opposition he made to the summons of Deputy do Chega, André Ventura, about whom he raises doubts about the legitimacy of having filed such action to stop the current restrictions. .
This response to the summons that André Ventura delivered to the Lisbon Administrative Court on Tuesday is questioned, challenging the Government’s resolution that questions the legality of the measures and their alleged effectiveness. Subsequently, the claim was sent to the Supreme Court of Justice, which turned out to be the competent body to decide.
The Supreme Court had given the Government, on Thursday, a period of 24 hours, which was finally met, since the answer was delivered at 5 p.m. on Friday.
According to the defense, to which the JN had access and through which the interpretations of the constitutionalist Reis Novais are invoked and cited on several occasions, the Government alleges that it is a “restriction” of movements to contain the increase in pandemic and that “there is a legal basis” to do so.
“In the light of the Portuguese legal system, contrary to what the applicant wants to believe [André Ventura], the Government fully assists the competition, in this way, to restrict freedom of movement in the current “pandemic context”, refers the document, making reference to the laws of the public health surveillance system, the Bases Health and Health. Civil Protection as an “enabling legal basis” for the resolution of the Council of Ministers.
The Government adds that, according to the projection data for this second pandemic wave provided by the National Institute of Health Doctor Ricardo Jorge – which point to a risk of “high notification rate and with an increasing trend” in the coming days – this was stopping “social and family gatherings and gatherings”, which are “the factors that have caused the most outbreaks of infection.”
The objective, he emphasizes, seeks with the restrictions on the Dead “to avoid, in a special way, the massive displacement of people from large urban areas to areas of lower population density – as is paradigmatically what happens on All Day.” Saints and faithful of the Day of the Dead – cause a wide spread of pollution. “
At the beginning of the challenge, the Government disputes that André Ventura has “legitimacy” and “any right to judicial intervention in defense of citizens”, that is, to have advanced with this summons, highlighting that, “in light of Portuguese law This is a faculty that clearly does not help the political parties ”.
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