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The presidential decree of the “limited scope” state of emergency, as requested by the prime minister on Monday, has already received the green light from the Government and is on its way to the Assembly of the Republic, which will debate and approve it on Friday . in a plenary scheduled for 4pm. The state of emergency goes into effect on Monday.
In compliance with what the Constitution requires, the three highest organs of the Portuguese State will thus allow the restriction of some fundamental rights so that the Government can determine the necessary measures to contain the covid-19 pandemic.
“After listening to the Government, which had proposed and pronounced it in a favorable light at the end of the morning, the President of the Republic has just sent to the Assembly of the Republic, for authorization, the draft diploma that decrees the state of emergency for 15 days. , from November 9 to 23, allowing the Government to take certain measures to combat the Covid-19 pandemic ”, but-I know in the message posted on the website of the Presidency.
The four pillars are those requested by the Prime Minister: “The possibility for the Government to impose restrictions on movement in certain places at certain times, particularly in the municipalities with the highest risk; the use, if necessary and preferably by agreement, of health establishments in the private, social and cooperative sector, with due compensation; the mobilization of workers, as well as of the Armed and Security Forces, to strengthen health authorities in epidemiological and detection surveys; and the possibility of measuring body temperature by non-invasive means and imposing tests on access to certain services and equipment ”.
In the justifying note sent to parliament, Marcelo Rebelo de Sousa writes that “the evolution of the Covid-19 pandemic, as well as the lessons learned from it, justify greater guarantees of legal security for the measures adopted or to be adopted by the competent authorities to the corresponding prevention and response, in areas such as the call for human resources for screening, the control of people’s health, freedom of movement and the use of private and social or cooperative resources ”.
“This reinforced guarantee requires the declaration of a state of exception of very limited scope and with mainly preventive effects,” he underlines, making it clear that this constitutional emergency situation is based “on the verification of a situation of public calamity.”
Restricted travel rights
There are four areas of rights conditioned or restricted by this presidential proposal: the rights to freedom and movement, the right to private, social and cooperative initiative, the rights of workers and the “right to free development of personality and appearance. negative of the law ”. health”.
In the case of the rights to freedom and movement, it is foreseen that “the competent public authorities may impose the necessary restrictions to reduce the risk of contagion and implement measures to prevent and combat the epidemic, that is, in the municipalities with the highest level of risk, as well as, to the extent strictly necessary and proportional, the prohibition of driving on public roads during certain periods of the day or certain days of the week ”. That is to say, the door is open to the curfew and also to the regional or local feedlots.
It will also be possible to prohibit trips that are not justified, with several exceptions already provided: “the performance of professional activities”, those necessary to obtain medical attention or assistance to third parties, the frequency of educational establishments, the production and supply of goods and services.
“Other serious reasons are also foreseen, and it is up to the Government, in this case, to specify the situations and purposes in which individual freedom of movement is maintained, preferably unaccompanied.”
“Fair compensation” for the private sector
The decree also establishes that “the resources, means and establishments for the provision of comprehensive health care in the private, social and cooperative sectors may be used by the competent public authorities”, but the President determines that this must happen. “preferably by agreement” and “Through fair compensation, depending on what is necessary to ensure the treatment of patients with COVID-19 or the maintenance of care activity in relation to other pathologies.”
Mobilization of workers
The decree also stipulates that “employees of public or private entities, of the social or cooperative sector, regardless of the type of link or respective functional content, and even if they are not health professionals, that is, public servants in prophylactic isolation, may be mobilized by the competent public authorities. or protected by the exceptional protection regime for immunocompromised patients and chronically ill patients, to support health authorities and services, that is, in conducting epidemiological surveys, follow-up of contacts and follow-up of people under active surveillance ”.
Mandatory temperature detection and control
In the fourth level of restricted rights, personality and health rights, it is admitted that “body temperature controls can be imposed, by non-invasive means, as well as diagnostic tests for SARS-CoV-2.” This limitation is applicable in predefined cases: for “access and permanence in the workplace or as a condition of access to public services or institutions, educational establishments and commercial, cultural or sports spaces, in the use of means of transport or in relation to with people institutionalized or sheltered in residential structures, health establishments, prisons or educational centers and their workers ”.
The presidential decree also determines that the Armed and Security Forces will support the authorities and health services in carrying out epidemiological investigations, in contact tracing and in the follow-up of people under active surveillance.
