[ad_1]
The state of emergency due to covid-19 was approved this Friday in Parliament, after having received the green light from the Prime Minister, António Costa, and with this, Portugal leaves the state of calamity and the restrictive tightening measures return. Now it is the responsibility of the Government to define which specific rules will apply. To this end, this Saturday an extraordinary meeting of the Council of Ministers is being held to support the measures provided for in the draft presidential decree, sent to the Assembly of the Republic. This is what is known about the state of emergency and what can be predicted.
When does it come into force?
The state of emergency begins on November 9 at 00:00, with a duration of 15 days, renewable for another 15, ending on November 23. António Costa has already admitted, however, in an interview with Antena 1, that “at the limit, the state of emergency lasts until the end of the pandemic”, which “does not mean that the measures are always applied.” This is the fourth time that the President of the Republic, Marcelo Rebelo de Sousa, decrees a state of emergency in Portugal, after an approval and two renewals, on March 19, April 2 and April 17.
Is this state of emergency the same as all the others that have already been enacted?
No. In this case, according to the President of the Republic, it is more limited, with the aim of achieving “mostly preventive effects.” Contrary to what happened in the three previous states of exception, there is no suspension of some rights, namely those related to the rights to strike and resistance, as well as the exercise of the rights of movement, assembly and international demonstration, and still of freedom of worship in its collective dimension. The right to the protection of personal data, in turn, will not be suspended either. Furthermore, this diploma does not foresee the possibility of a confinement as demanding as the one previously declared. Although the state of emergency is enacted across the country, the restrictions will be stronger for the most affected counties.
Is a curfew required?
Yes. The presidential decree gives the Government that possibility. There is a ban on driving on public roads at night, at certain times of the day and during certain days of the week in the most affected municipalities. In the northern part of the country, some mayors have already asked the government to impose a night curfew to curb the outbreaks of covid-19 in the region. But considering that the population can continue to work, another solution could be the implementation of the curfew on weekends.
Can travel between municipalities be prohibited?
Yes. But it depends on what you do. The decree determines the justified travel between municipalities in the case of going to work, going to school or having to go to the doctor, as well as in the case of assistance to third parties or the production and supply of goods and services. To do this, if you are intercepted by the police authorities, you must submit a statement justifying your trip.
Can diagnostic tests be imposed?
Yes. One of the novelties in relation to the previous states of emergency is the imposition of tests for COVID-19, that is, for the purpose of access and permanence in the workplace or as a condition of access to public services or institutions. Access, for example, to commercial, cultural or sports spaces, educational, penitentiary and health establishments, as well as the use of means of transport may also be imposed. This is only possible because, for the first time, the exercise of the right “to free development of the personality and to the negative side of the law” is partially suspended. However, it is up to the Government to present the specific places where this measure is implemented. To enter a home, for example, testing may make more sense than entering the workplace.
Can body temperature be measured when entering the establishments?
Yes. Some schools and even restaurants have already done this, but no rules were imposed on it. However, with the implementation of the state of emergency, “it is mandatory to perform body temperature controls, by non-invasive means.” This temperature measurement will be imposed in the same places where the diagnostic tests will be performed. At a press conference last Monday, the general director of Health, Graça Freitas, recalls, spoke about the effectiveness of measuring the temperature at the entrance of buildings, highlighting that it is just “one more measure”. “The mere fact of using the temperature measurement does not mean that that person is not infected,” he shot.
Can the private service be used to treat covid patients?
Yes. According to the President of the Republic, “may be used by the competent public authorities, preferably by agreement, the resources, means and facilities for comprehensive health care in the private, social and cooperative sectors, through fair compensation” . Due to the lack of available beds, the Penafiel Hospital, let us remember, has already been forced to refer dozens of patients to the private sector, specifically to the Fernando Pessoa Hospital, in Gondomar.
Can public officials be called in to work on the response to covid-19?
Yes. The State can request public officials who are in prophylactic isolation at home or with chronic diseases that are not working to support the authorities and health services, that is, in conducting epidemiological surveys, follow-up of contacts and monitoring of people under active surveillance. This aid also goes through the military. According to the presidential diploma, it is the responsibility of the Armed and Security Forces to support the authorities and health services, that is, in conducting epidemiological investigations, “following up on contacts” and “following up on people under active surveillance.”
