The Government considers that the restrictions on movement between municipalities during this weekend do not violate the Constitution of the Portuguese Republic, according to a document sent to the Supreme Administrative Court (STA) released this Friday by the newspaper "Público" and by the agency Lusa.
The Center for Legal Jurisdiction of the State, a central service of the direct administration of the State, says that there is a legal basis for this decision, regardless of whether Portugal is not in a state of emergency: “There is no question of suspending any fundamental right”, points out the challenge to the precautionary measure presented by the Chega party.
“According to the most recent conclusions of the national health authorities, reported in the specific Portuguese case, it is precisely social and family gatherings and gatherings that are the factors that have most caused the occurrence of infection outbreaks, not the lack of social distance in transport. public ”, defends the Executive, in the allegation in question.
In other words, according to the Government, there is legislation that enables it “to adopt measures, more or less broad, of interference on fundamental rights, especially in the face of emergency public health scenarios”.
“Whether or not the applicant wants to accept this fact, there is no doubt that the ordinary Portuguese legislation - approved by the Assembly of the Republic - grants the Government the power to adopt administrative measures restricting fundamental rights in health emergency scenarios, including, in particular, those that are intended to limit the movement of people in national territory ”, can be read in the same document.
Since midnight today, the movement of people outside their municipality of residence is limited in Portugal until 06:00 am next Tuesday - a period that includes All Saints 'Day and All Souls' Day. The measure took effect a few hours before it went public that the country reached a new record of daily cases of infection and deaths from Covid-19: another 4.656 cases in the last 24 hours and 40 deaths, making a total of 2.468 fatalities. disease.