Thursday, 19 March 2020

State of Emergency Declared in Portugal

VolverThrough Resolution of March 18, 2020, the President of the Republic, Marcelo Rebelo de Sousa, decreed the State of Emergency, based on the verification of a situation of public calamity. The declaration of a state of emergency covers the entire national territory.

The state of emergency shall have a duration of 15 days, starting at 0 am on the March 19 and ending at 12 pm on April 3, notwithstanding any renewals that may be approved, in accordance with the law.

As a result of the declaration of State of Emergency, the exercise of the following rights is partially suspended:

Right to move and settle anywhere in the national territory: the necessary restrictions may be imposed by the competent authorities to reduce the risk of contagion and implement measures to prevent and combat the epidemic, including:

• compulsory confinement at home or in a health facility,

• the establishment of sanitary fences,

• to the extent strictly necessary and in a proportional manner, the prohibition of travel and staying on public roads that are not justified, namely, by the performance of professional activities, obtaining health care, assisting third parties, supplying goods and services and for other meaningful reasons. It will be up to the Government to specify the situations and purposes in which the freedom of individual movement, preferably unaccompanied, remains effective.

Ownership and private economic initiative: the provision of any services and the use of movable and immovable property, health care units, commercial and industrial establishments, undertakings and other production units may be requested by the competent public authorities, and said public authorities may further determine the mandatory opening, operation and functioning of undertakings, establishments and means of production can be determined or its closure, and other limitations or modifications may be imposed on the respective activity, including changes to the quantity, nature or price of the goods produced and marketed or to the respective distribution and marketing procedures and circuits, as well as changes to the respective operating regime.

Workers' rights: the competent authority may determine that any employees of public or private entities, regardless of the type of employment, present themselves at the service and, if necessary, start to perform functions in different places, in different entities and under conditions and schedules different from those that correspond to the existing bond, namely in the case of employees from the following sectors:

• health, civil protection, security and defense and other activities necessary for the treatment of the diseased, the prevention and combat against the spread of the epidemic, the production, distribution and supply of essential goods and services, the functioning of vital sectors of the economy, the operation critical networks and infrastructure and the maintenance of the public order and the democratic Rule of Law.

The exercise of the right to strike is suspended insofar as it may compromise the functioning of critical infrastructures or health care units, as well as in economic sectors vital to the production, purveyance and supply of essential goods and services to the population.

International circulation: border controls on people and goods, including health checks at ports and airports, may be established, in conjunction with the European authorities and in strict respect for the European Union Treaties, in order to prevent entry into national territory conditioning this entry to the observance of the necessary conditions to avoid the risk of spreading the epidemic or of overloading the resources related to its fight, namely by imposing the compulsory confinement of people. The necessary measures can also be taken to ensure the international circulation of essential goods and services.

Right of assembly and protest: the necessary restrictions may be imposed by the competent authorities, based on the position of the National Health Authority, to reduce the risk of contagion and to implement measures to prevent and combat the epidemic, including limiting or prohibiting the holding of meetings or protests that, due to the number of people involved, enhance the transmission of the new coronavirus.

Freedom of worship, in its collective dimension: the necessary restrictions may be imposed by the competent authorities to reduce the risk of contagion and implement measures to prevent and combat the epidemic, including limiting or prohibiting religious and other celebrations. worship events that involve a gathering of people.

Right of resistance: any and all acts of active or passive resistance to orders issued by the competent authorities in execution of this state of emergency are prevented.

The effects of the declaration of the State of Emergency do not affect, under any circumstances, the rights to life, personal integrity, personal identity, civil capacity and citizenship, non-retroactivity of criminal law, defense of the accused and freedom of conscience and religion.

The effects of this State of Emergency statement also do not affect the freedoms of expression and information.

The Government is responsible for the execution of the declaration of the State of Emergency.

The Commercial and Corporate Law Department of Belzuz Abogados S.L.P. – Sucursal em Portugal will continue to monitor and update its customers on the measures approved by the Portuguese Government under the State of Emergency.


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