Court decides that quarantine in state of alert is illegal

By TPN/Lusa, in News · 21-11-2020 14:00:00 · 5 Comments

The PCR test “is unable to determine, beyond reasonable doubt, that such positivity result corresponds, in fact, to the infection of a person by the SARS-CoV-2 virus”, said the Lisbon Court of Appeal.

The Lisbon Court of Appeal also considered that the quarantine period imposed by the Directorate-General for Health during the state of alert is illegal. The judgment states that the body of judges ruled that such a situation can only be taken in a state of emergency (currently in force).

The decision, taken on 11 November, which has as its object an appeal by the Regional Health Administration of the Azores, following a request for habeas corpus - immediate release - of four German citizens who had been forced by the health authority to comply with isolation for 14 days in the hotel room

According to the process: “There is no evidence that this diagnosis was actually carried out by a professional qualified under the Law and who had acted in accordance with good medical practices”. These acts are reserved for the exclusive competence of a doctor.

“The only element that appears in the proven facts is the performance of RT-PCR tests, one of which presented a positive result in relation to one of the applicants”, reads the document.

Additionally, “Any person or entity that gives an order that leads to deprivation of physical, ambulatory, freedom of others (whatever the nomenclature that this order assumes: confinement, isolation, quarantine, prophylactic protection, health surveillance, etc.), which do not fall under the legal qualifications, namely not provided for in article 27 of the CRP, you will be making an illegal detention, because ordered by an incompetent entity and motivated by a fact for which the law does not allow it”, it can be read. Noting that, at the date of the facts, we were in a state of alert, the state of emergency allows more exceptions to freedom rights

Read more here: Covid PCR tesst reliability doubtful - Portugal judges

Related articles


The world leaders have all sold out
It’s clear as day. These PCR tests were being purchased by every country in the thousands and millions way back in 2017 . Don’t take my word blindly go ahead and verify it .

By Jorge Castro from USA on 10-12-2020 01:00

Steven, i think what they are saying is we are not in a state of emergency. The PCR tests are inaccurate (which everyone knows) so the tests can not be a true indication that we are in a state emergency making the lock down effectively illegal.

By Concerned citizen from UK on 29-11-2020 08:47

“The whole world has changed because of something that isn’t true “ !

These lawyers are on the right track ?

The U.K. death rate for 2020 runs at around 10,000 a week. Add up all of 2020’s government figures and if it carries on in Nov/Dec on the same way we will have had a pretty good year.

It won’t even put us in the top “third “ when you compare to the last 30 years.

By Ben from Algarve on 27-11-2020 01:33

I'm getting confused here.

The PCR test “is unable to determine, beyond reasonable doubt,,, positivity result corresponds,,to the infection of a person by the SARS-CoV-2 virus”
And it is illegal in the State of Alert to quarantine.

But, it is Legal in a State of Emergency to quarantine using the same PCR test which Legally does not prove anything!

By Stephen Walker from Other on 22-11-2020 08:09

At long last some common sense amongst the idiots in our Political class.
Bravo Lisbon Court of Appeal !

By John Tully from Lisbon on 21-11-2020 08:50
Interactive Topics, send us your comments/opinion on this article.

Please note that The Portugal News may use selected comments in the printed edition of the newspaper.