[ad_1]
The Government understands that the decree that establishes the limitation of circulation between municipalities during this weekend does not violate the Constitution in any way. In a long document sent to the Supreme Administrative Court, the socialist executive tries to dismantle the arguments presented by Chega in precautionary measures, alleging that “it is not about suspending any fundamental right“That the Government has a legal basis to” restrict freedom of movement “even without the enactment of the state of emergency and that there are enough exceptions in the diploma to allow” openness and flexibility “in the application of the law.
In a defense signed by the State Legal Competence Center, it is alleged that the Government “limited itself to restricting freedom” of movement without absolutely limiting it, and that the decision respects the principles of proportionality and equality.
“According to the most recent conclusions of the national health authorities, related to the specific case of Portugal, it is precisely the meetings and social and family gatherings The factors that have most caused the occurrence of contagion outbreaks, not the lack of social distance in public transport ”, the Government begins arguing.
Now, given this, and knowing that “by religious and community tradition, the feast of All Saints and the subsequent Day of the Faithful Dead is, in the national territory, an occasion for extended family reunions, either in the domestic context or because of permanence in places of worship, it cannot be seriously doubted, in the first place, that the limitation of movement between municipalities is, an appropriate measure to prevent (further) the spread of infection“.
In addition, continues the Socialist Executive, the measure is “necessary“Because, knowing that” (i) there are no instantaneous tests that reveal satisfactory degrees of effectiveness, and that those that do exist are not, according to their technical prescriptions, for free use by the general population; (ii) the symptoms are not immediately apparent; (iii) the symptoms, if they occur, are not exuberant (as was the case with the Ebola virus disease epidemic); and (iv) there are asymptomatic carriers with a high rate of contagiousness “, the limitation of circulation between municipalities”It is the one with the highest degree of efficacy, it allows to contain the progression of infection rates“.
In relation to the accusations that this decision violates the principle of equality, and even recognizing that the virus does not have the same incidence throughout the national territory – therefore, the generalized application of restrictions could be disproportionate – the Government does Another argument: if the goal is to prevent the virus from spreading, there is no point in allowing “citizens living in less infected areas can move freely to more infected areas“. “A hypothetical distinction by regions would fight, and manifestly, with the principle of equality,” says the Executive.
For these and other reasons, the Government requests that Chega’s precautionary measure be voided. After this response, which should arrive in 24 hours, the Supreme Administrative Court must now make a decision. Until then, the limitation of movement between municipalities continues to apply.
