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The President of the Republic, Marcelo Rebelo de Sousa, proposed this Wednesday, to Parnalento, the renewal of the state of emergency until January 7. The decision was already expected, since, at the time of the announcement of the last renewal of the state of emergency, the extension had been considered, to allow the Government to prepare measures for Christmas and New Year.
After listening to the Government, which delivered a favorable pronouncement this afternoon, the President of the Republic has just sent to the Assembly of the Republic, for authorization, the draft diploma renewing, for a period of 15 days, until January 7 from 2021 the state of emergency for the entire national territory, allowing the Government to implement the measures for this new period “, can be read in the statement published on the website of the Presidency of the Republic.
In the decree sent to Parliament this Wednesday, the President maintains all the rules of the previous proposals, but this time it is written, in black and white, that breaking the rules of the state of emergency constitutes a crime of disobedience.
Violation of the provisions of the declaration of the state of emergency, even in its execution, incurs the crime of disobedience to the respective authors, in the terms of article 7 of Law No. 44/86, of September 30, in its wording current “, can be read in the diploma sent by Marcelo Rebelo de Sousa to the Assembly of the Republic, in article 6.
The Head of State thus highlights the provisions of Law No. 44/86, of September 30, State of siege and state of emergency, which establishes, in Article 7: “Violation of the provisions of the declaration of state of siege or of the state of exception or in the present law, that is to say, in terms of its execution, it incurs the crime of disobedience to the respective authors “.
In the first phase in which the state of emergency prevailed in Portugal during the current covid-19 pandemic, two decrees of the President of the Republic approved in April also had references to the crime of disobedience.
At the time, these decrees of the state of emergency prohibited “any act of active or passive resistance directed exclusively to legitimate orders issued by the competent public authorities in execution of the present state of emergency,” and it was added that their authors could incur, “according to the law, in a crime of disobedience “.
PR Decree Project Renovation Second State of Emergency 20201216 by TVI24 in Scribd
This is the seventh diploma of the state of emergency of Marcelo Rebelo de Sousa in the current pandemic context of covid-19, which will be in force between December 24 and January 7, 2021, and will be debated and voted on in parliament on Thursday .
In the explanatory memorandum, the Head of State states that “the susceptibility of the renewal of the state of emergency, from December 24 to January 7, has already been announced” in the preamble of his previous decree, “the Government establishing measures to take during the Christmas and New Years periods. “
The President of the Republic maintains that in Portugal there is a “situation of public calamity” in the face of the covid-19 pandemic.
Despite the slight decrease in the incidence rate of new infected cases, the death figures remain very high, confirming to experts the clear risks of a further worsening of the pandemic in the event that the measures adopted to face it “, Point out.
Marcelo Rebelo de Sousa adds that “this renewal will allow the Government to carry out the measures for this new period until January 7.”
The declaration of the state of exception currently in force began on December 9 last and ends at 11:59 p.m. on Wednesday, December 23. This renewal will take effect from 00:00 hours on Thursday, December 24.
According to the Constitution, this legal framework that allows the suspension of the exercise of some rights, freedoms and guarantees, cannot last more than 15 days, without prejudice to renewals with the same term.
To decree, the President of the Republic must listen to the Government and have authorization from the Assembly of the Republic.
