Court rejects Chega's precautionary measure against restrictions on circulation

The precautionary measure that was brought by Chega aimed to prevent the measures adopted in a resolution of the Council of Ministers, which came into force on Friday.

Mário Cruz / Lusa

The Supreme Administrative Court (STA) today unanimously denied the precautionary measure presented by Chega against the restrictions on circulation imposed by the Government until Tuesday, the executive's source told Lusa.

A source from the executive said that, in addition to Chega's action, a second precautionary measure brought with the same objective, but this not coming from parties or entities, was also rejected by STA.

"STA considered that there is a legal basis for imposing restrictions on circulation" in the current covid-19 pandemic situation and that there is no violation of citizens' freedoms and guarantees, "he added.

The Government contested on Friday the precautionary measure presented by Chega against the restrictions on circulation imposed until Tuesday, claiming that a political party has no right to take legal action in defense of citizens.

STA gave the executive reason, considering the precautionary measure brought by Chega to be “illegitimate”.

In the defense sent to the Supreme Administrative Court, to which the Lusa agency had access, the State Legal Competence Center defended that the action brought by Chega "must be dismissed in its entirety", exposing its grounds on 195 points.

In the Government's perspective, there is, from the outset, an “active illegitimacy of the applicant”, in this case the political party Chega, since it is not “holder of the fundamental rights invoked”, it cannot “act under the right of popular action” and has no "right to intervene in the defense of citizens".

The precautionary measure that was brought by Chega aimed to prevent the measures adopted in a resolution of the Council of Ministers, which came into force on Friday, with a view to limiting the movement of people outside the municipality of residence until 06:00 on Tuesday as part of the measures to contain the covid-19 pandemic.

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