Association loses court battle against mandatory wearing of mask

in News · 19-09-2020 12:00:00 · 5 Comments

An association of Barcelos has filed an action to try to end the mandatory wearing of masks, alleging that it is an unconstitutional imposition and that it calls into question fundamental rights, freedoms and guarantees, but the court rejected it "outright".

Designated subpoena for protection of rights, freedoms and guarantees, the action was filed in the Administrative and Fiscal Court of Braga by the association Plantel Peculiar, the Directorate General of Health, the Ministry of Health and the Portuguese State.

It requested that those entities withdraw, within 24 hours, all mandatory use of masks, whether for adults or children and in closed spaces or not, and that the guidelines and legislation on the subject be considered null and inoperative in Portugal, illegal and unconstitutional.

The association claims, first of all, that the imposition of the wearing of masks is unconstitutional, as it is made by decree-law, without the prior authorisation of the Assembly of the Republic, but the court says that it is only the Constitutional Court's responsibility to declare the unconstitutionality of rules with general mandatory force.

In the action, the association invokes the opinion of several constitutionalists, as well as reproducing opinions about the inexistence of any scientific support that proves the effectiveness of the use of masks or visors in the fight against Covid-19.

It even says that, in view of the number of deaths registered by Covid-19, there can be no talk of any pandemic in Portugal.

"Independent studies say that the mandatory use of masks does not protect us from anything, on the contrary, they point to harmful effects on health resulting from their use throughout the day," Paulo Oliveira, leader of Plantel Peculiar, told Lusa on 16 September.

For Paulo Oliveira, the imposition of the use of masks "has to do only with economic interests".

For the association, the imposition of the wearing of masks or visors calls into question several fundamental rights, freedoms and guarantees, for violation of the dignity of the human person, of the free and just society, of the democratic rule of law, of social and cultural democracy, of democratic legality and of the Constitution.

It also undermines the moral and physical integrity of persons, the prohibition of cruel, degrading or inhuman treatment, the right to personal identity, personality development, family life, a human and healthy living environment and legal protection against any form of discrimination.

The court rejected the action outright, through an order of 8 September, to which Lusa had access, in which it stressed that "the mere imposition of the obligation to wear a mask does not constitute the violation of any fundamental right, freedom or guarantee".

"It corresponds, in fact, to the simple imposition of a duty of social order, emerging from reasons of public health, which are of general knowledge," says the court.

For the court, the association is limited to "debiting" rights, principles and assertions from the constitutional text, without even concretising them, as well as without specifying to what extent they have been, or can be, undermined by the imposition of the wearing of a mask or visor in compliance with the law.

In other cases, the order of the court also states that the association invokes rights and principles in relation to which "no injury or threat of injury is to be seen in the face of the alleged imposition of the wearing of masks or visors".

Paulo Oliveira said that the court's decision will be "duly analysed", after which the association will decide whether or not to appeal.


Good news that there are Portuguese people who rebel against this evil mask wearing it is a degrading, inhuman, sick and evil plot against native Europeand and it is against constitutions and basic freedoms, and combined with many other things going in Europe if this continues and escalates, civil war in Europe can be a reality.

Please good people in Portugal stop vote for Socialists, look what the result is, are the elite and leadership wearing masks in Portugal?

The masks are also worthless it is cotton nothing more, and all the masks after only 30 minute of use they must be replaced.

By Magnus from Other on 20-09-2020 01:30

This is apalling that it was outright rejected - appeal!!!!!

Mask wearing causes my partner and me great distress, we deliberately avoid any areas where we have to wear them so that isn't helping support the economy to get back on its feet. We also do not want to psychologically damage our 2 and 4 year old children by exposing them to masked faces - seeing faces is essential for brain development and aids speech.

A lab test has been conducted by a german childrens charity on 1 worn for 8 hours which identified 82 bacterial colonies & 4 mould (fungoid) colonies - how is this not a threat of injury waiting to happen?

The particles for this strain of the virus are so small that the masks commonly worn by the public are just no good - washing our hands is the best defence we have, not to mention the herd immunity we probably already have to ensure it isn't passed onto the vulnerable.

It should be choice, if you want to wear 1 then do, if not, then don't.

The science just does not backup any of these measures.

By Sarah L from Other on 19-09-2020 09:02

This opens up even more effective and cheap new treatment options for COVID than were already available (Hydroxychloroquine, Ivermectin).

Can anyone here make the Portuguese government aware of the fact, that lockdowns and mask wearing is actually science denialism ?

By Jay from Lisbon on 19-09-2020 08:48

The Association is very right and hopefully they will appeal. It's not only about the Portuguese constitution but also about human rights which can be verified on the Unesco website.

By Ana from Algarve on 19-09-2020 04:33

Who writes "It even says that, in view of the number of deaths registered by Covid-19, there can be no talk of any pandemic in Portugal." has misunderstood something. "Pandemic" is simply a definition that is in itself arbitrary. The WHO has defined the term Pandemic in a way that is convenient for them. Following this definition, herpes is a pandemic.

By John Dough from Lisbon on 19-09-2020 03:29
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