Covid19: State of Emergency Regulation

Decree No. 8/2020, dated of November 8, regulates the measures approved under the State of Emergency decreed by the President of the Republic, considering the evolution of the epidemiological situation. The State of Emergency will be in effect from 00:00 hours on November 9th, 2020 until 11:59pm on November 23rd, 2020.

We list below some of the main measures.

1. Prohibition of circulation on public roads

  • This measure applies only to the municipalities indicated in Annex I herewith attached;
  • Daily, in the period between 11pm and 5am., as well as on Saturdays and Sundays between 1pm. and 5am., citizens may only circulate in public spaces and streets, or in private spaces and streets equivalent to public roads, in the situations listed below:

a) Travel for professional or equivalent functions, as attested by a declaration:

  • Issued by the employer or equivalent entity;
  • Issued by Declaration of honour, in the case of employees of the agricultural, livestock and fishing sector;
  • the self-employed employee, sole proprietor or members of a statutory body;

b) Travel in the exercise of their functions or because of them, without the need for a declaration issued by the employer or similar entity:

  • health professionals and other employees of health and social support institutions;
  • civil protection agents, security forces and services, military, militarized and civilian personnel of the Armed Forces and inspectors of the Food and Economic Security Authority ;
  • holders of sovereign bodies, leaders of social partners and political parties represented in the Assembly of the Republic and persons bearing a laissez-passer issued in legal terms;
  • ministers of worship, through accreditation by the competent bodies of the respective church or religious community, under the terms of paragraph 2 of Article 15 of Law No. 16/2001 of June 22nd, in its current wording;
  • of diplomatic missions, consular offices and international organizations located in Portugal, provided they are related to the performance of official functions;

c) displacements for health reasons, namely, to purchase products in pharmacies or to obtain health care and transportation of people to whom such care should be administered;

d) displacements to grocery stores and supermarkets and other establishments selling food and hygiene products, for people and animals;

e) displacements to emergency shelters for victims of domestic violence or trafficking of human beings, as well as for children and young people at risk, by application of a measure decreed by a judicial authority or a Commission for the Protection of Children and Young People, in residential or family shelters;

f) displacements to assist vulnerable persons, persons with disabilities, children, parents, the elderly or dependents;

g) displacements for other mandatory family reasons, namely for the share of parental responsibility, as determined by agreement between the people entitled to do so, or by the competent court;

h) Medical-veterinary visits, animal keepers for urgent medical-veterinary assistance, caretakers of colonies recognized by the municipalities, volunteers from zoophilic associations with dependent animals who need to go to animal shelters and animal rescue teams for urgent assistance;

i) Necessary displacements to exercise freedom of the press;

j) Short term pedestrian displacements, for the purpose of enjoying moments outdoors, unaccompanied or in the company of members of the same household living together;

k) Short term pedestrian displacements for the purpose of walking pets;

l) Por outros motivos de força maior ou necessidade impreterível, desde que se demonstre serem inadiáveis e sejam devidamente justificados;

m) Return to personal domicile within the framework of the displacements referred to in the preceding paragraphs and of the displacements and activities referred to in Article 28 of Council of Ministers Resolution No. 92-A/2020, of November 2nd.

  • With the exception of subparagraphs j) and k), private vehicles may be used on public roads, including refuelling at petrol stations, within the scope of the situations referred above.
  • In establishments where food and hygiene products are sold, for people and animals, other products available there may also be purchased.
  • The displacements permitted under the terms referred above shall preferably unaccompanied and shall respect the recommendations and orders determined by the health authorities and the security forces and services, particularly those relating to the distances to be observed between people.

2. Body temperature Control

  • Body temperature measurements can be taken by non-invasive means, namely, in the control of access to the workplace, to public services or institutions, educational establishments and commercial, cultural or sports spaces, means of transportation, in residential structures, health establishments, prisons or educational centres.
  • The above is without prejudice to the right to individual data protection, and the recording of body temperature associated with the identity of the person is expressly prohibited, unless expressly authorized by the person.
  • Measurements may be carried out by an employee at the service of the entity responsible for the site or establishment, and no physical contact with the person concerned shall be admissible, being suitable equipment for this purpose always requested, which may not contain any memory or make records of the measurements made.
  • The person may be prevented from having access to the sites mentioned above whenever he or she:
    • Refuses the measurement of body temperature;
    • Presents a result higher than the normal body temperature, considering as such a body temperature equal to or higher than 38ºC, as defined by the health authority – DGS (in this case the absence shall be considered justified).

3. Temporary work and rendering of services

The company that uses or ultimately benefits from the services provided is responsible for ensuring compliance with the rules established in the legal regime under analysis, with the necessary adaptations, to temporary employees and service providers that are providing activities for these entities.

TFRA will update the information of this flash whenever justified. Finally, we would like to highlight that the information contained in this document is of a generic nature and, therefore, does not exempt the analysis of the specific case, nor the consultation of the official documentation and legislation in force at each moment.

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