The President of the Republic today considered the declaration of a state of emergency “indispensable” to provide “constitutional coverage for more comprehensive measures that prove necessary to be adopted to combat this public calamity”, the pandemic of Covid- 19 but what exactly does this mean?

In the draft decree sent to the Assembly of the Republic, in which he proposes a state of emergency for 15 days, Marcelo Rebelo de Sousa recognises that in Portugal "several important containment measures have already been adopted", "immediately enacted" , and “declared a state of alert”.

However, “as is happening in other European countries, it is necessary to strengthen the constitutional coverage to more comprehensive measures, which it is necessary to adopt to combat this public calamity”, so the President “believes that the declaration of a state of emergency is indispensible”.

This proposal from the president is now being debated in parliament with the government then set to outline the details of what the state of emergency means for people in Portugal.

One of the elements of he state of emergency proposed by the President to contain the pandemic to Covid-19 provides for the possibility of the compulsory confinement of citizens at home and restrictions on circulation on public roads, unless justified.

The draft decree, sent to parliament, was released today on the website of the Presidency of the Republic and provides for a state of emergency to be in effect for 15 days, as is legally provided for.

To “reduce the risk of contagion” and do prevention, “the necessary restrictions may be imposed by competent public authorities”, including “compulsory confinement at home or in a health facility, the establishment of sanitary cordens”, as well as “the interdiction of travel and staying on public roads that are not justified ”, reads the text.

They are considered justified trips, "namely, by the performance of professional activities, by obtaining health care, by assisting third parties, by supplying goods and services and for other stipulated reasons".

In the decree, it is stipulated that it will be up to the Government, “in this event, to specify the situations and purposes in which the freedom of individual movement, preferably unaccompanied, remains”.

The State may also require private individuals to provide services and use properties, such as hospitals or factories, within the scope of Covid-19's state of emergency, according to the draft decree of the President of the Republic.

"The competent public authorities may request the provision of any services and the use of movable and immovable property, health care units, commercial and industrial establishments, companies and other production units", the document reads.

According to the same text, "the mandatory opening, operation and operation of companies, establishments and means of production or their closure" can also be determined ", in addition to other limitations or changes in operation.

The Government may also limit or prohibit the holding of meetings or demonstrations due to the danger of transmission of the new coronavirus.

“The necessary restrictions may be imposed by the competent public 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 meetings or demonstrations that, due to the number of people involved, enhance the transmission of the new coronavirus ”

The draft decree, currently being debated in parliament, was made available by the Presidency of the Republic on its official website, after the State Council gave a favourable opinion to Marcelo Rebelo de Sousa's proposal on the declaration of a state of emergency in the face of Covid-19 pandemic..