Job protection, price controls, support for the elderly, education and measures for prisoners are some of the points foreseen.
The parliament voted today the presidential decree and renewed the state of emergency due to the pandemic of covid-19, which provides for matters such as job protection, price control, support for the elderly, education and measures for prisoners.
Only the Liberal Initiative voted against. PCP, Verdes, Chega and deputy Joacine Katar Moreira abstained.
The state of emergency has been in effect since 00:00 on March 19, for the period of 15 days provided for in the Constitution, which ends at 23:59 today.
Essential points of the draft decree of the President of the Republic:
Right to move and settle in any part of the national territory
– Compulsive confinement at home, health establishment or elsewhere defined by the authorities may be imposed.
– Sanitary fences may be imposed.
– Prohibition, “to the extent strictly necessary and proportionately”, of travel that is not justified, in particular for work, obtaining health care, assistance to third parties, production and supply of goods and services and other “ponderous reasons”, it is up to the Government to specify “the situations and purposes in which the freedom of individual movement, preferably unaccompanied, remains”.
Ownership and private economic initiative
– The authorities can request the provision of any services and the use of goods from health units, commercial and industrial establishments, companies and other productive units.
– The mandatory opening and operation of companies, services, establishments and means of production may be determined or their closure.
– Limitations may be imposed on dismissals, changes in the quantity, nature or price of goods produced and traded or the distribution and marketing channels.
– Changes to the operating regime of companies, establishments and production units may be imposed.
– Price control measures and combating speculation or hoarding of certain products or materials can be adopted.
– The terms and conditions of long-term performance contracts may be temporarily modified or the requirement for certain installments to be waived.
– The right to restore the financial balance of concessions may be limited due to a break in the respective use resulting from the measures adopted in the context of the state of emergency.
– Income, interest, dividends and other property or capital income can be reduced or deferred, without penalty.
Workers’ rights
– It can be determined that employees of public, private or social sector entities, regardless of the type of employment, present themselves at the service and, if necessary, start to perform functions in a different place and entity and work schedule.
Workers in the health, civil protection, security and defense sectors are covered, as well as other activities necessary for the treatment of the sick, support for vulnerable populations, the elderly, people with disabilities, children and young people at risk.
The functions may be performed in residential structures, in home or street support, in support of the production, distribution and supply of essential goods and services.
– The temporary reduction scheme for normal working time can be extended and simplified
– The right of union associations to participate in the drafting of labor legislation is suspended.
– The exercise of the right to strike is suspended when it compromises the functioning of critical infrastructures, health units and essential public services, as well as in economic sectors vital to the production, supply and supply of essential goods and services.
International Circulation
– Border controls on people and goods, including sanitary and phytosanitary controls at ports and airports, can be established.
– The necessary measures can be taken to ensure the international circulation of essential goods and services.
Right of assembly and demonstrations
– Limitation or prohibition of meetings or demonstrations may be imposed.
Freedom of worship
– Religious celebrations and other worship events that involve a gathering of people may be limited or prohibited.
Freedom to learn and teach
– Face-to-face classes may be prohibited or limited.
– Distance learning may be imposed by telematic means (using the Internet or television).
– Postponement or extension of school terms may be imposed.
– Adjustment of assessment methods may be imposed.
– The suspension or rescheduling of exam tests or the opening of the school year can be determined.
– “Possible adjustments” can be made to the model of access to higher education.
Right to the protection of personal data
– It can be determined that telecommunications operators send their customers written messages (SMS) with alerts from the Directorate-General for Health or other related to the fight against the epidemic.
Other provisions
– The authors of “any and all acts of active or passive resistance” directed at the orders of the authorities may incur a crime of disobedience.
– “Exceptional and urgent protection measures” can be taken for prisoners, as well as for staff working in prisons.
– The declaration of a state of emergency does not affect the rights to life, personal integrity, personal identity, civil capacity and citizenship, non-retroactivity of criminal law, defense of defendants and freedom of conscience and religion.
– The effects of declaring a state of emergency do not affect freedom of expression and information.
– The principle of the unitary state or the territorial continuity of the state cannot be called into question.
– The Attorney General’s Office and the Ombudsman’s Office remain in permanent session.
