This English version is and informal translation for information purposes. The original Portuguese version in legal terms prevails
Resolution of the Council of Ministers no. 33-A / 2020
Resolution of the Council of Ministers no. 33-A / 2020
Publication: Diário da República no. 85/2020, 3rd Supplement, Series I of 2020-04-30
Issuer:Presidency of the Council of Ministers
Diploma Type:Resolution of the Council of Ministers
Number:33-A / 2020
Pages:7- (10) to 7- (21)
PDF version: Download
Original source here
Declares the situation of calamity in the context of the COVID-19 disease pandemic
Resolution of the Council of Ministers no. 33-A / 2020
The exceptional situation and the proliferation of registered cases of contagion of COVID-19 has required the Government to approve extraordinary and urgent measures, with a view to preventing the transmission of the SARS-Cov-2 virus.
The priority of disease prevention, containment of the pandemic and guarantee of the security of the Portuguese, combined with the gradual lifting of suspensions and interdictions enacted during the period of the state of emergency, now has a repercussion on the gradual return of economic activity to its normal functioning. , by assessing the epidemiological, health, social and economic framework, and implemented in several phases.
It happens, however, that the evaluation carried out by the health authorities determines that it is essential to continue to contain the transmission of the virus to control the epidemiological situation in Portugal.
In this sense, the Government, under the Basic Law for Civil Protection, declares the situation of calamity, establishing, among others, the establishment of limits and conditions for circulation and the rationalization of the use of public services.
Likewise, under articles 12 and 13 of Decree-Law no. 10-A / 2020 , of 13 March, the Government has come to define exceptional and specific measures regarding activities related to commercial establishments to retail, service provision, catering establishments, as well as access to services and public buildings.
In addition, the Law on the Public Health Surveillance System allows the Government to take exceptional measures essential to the control of the COVID-19 pandemic.
At this stage, the Government opts for a less intense list of restrictions, suspensions and closures than that which was in force, without prejudice to the gradual lifting of restrictions and the need to maintain scrupulous compliance by the Portuguese population with physical distance measures. indispensable to contain the infection.
Safeguarding the health and safety of the population, in order to mitigate the contagion and spread of the SARS-CoV-2 virus and the COVID-19 disease is essential, so they are in compulsory confinement, in a health establishment, in their home or elsewhere sick people and under active surveillance.
Thus, the population must seek to fulfill a civic duty of home care, giving priority to activities, decisions and travel that do not imply extended social contact. In this sense, professional practice remains on a telework basis whenever the functions in question allow it.
Physical activity and outdoor sports that do not involve physical contact are allowed, provided that the rules of hygiene and sanitation are respected.
The range of commercial establishments that may be in operation is extended, namely local local shops, with direct entrance to the street and with a size limited to 200 m2.
Deconcentrated counters for serving the public of public administration services and entities are also reopened.
Finally, it is established that when funerals are held, the presence of any family members cannot be deprived.
Under the terms of articles 12 and 13 of Decree-Law no. 10-A / 2020 , of 13 March, in its current wording, pursuant to the provisions of article 2 of Law no. 1- A / 2020 , of March 19, in its current wording, of Article 17 of Law No. 81/2009 , of August 21, in its current wording, of Article 19 of Law No. 27 / 2006 , of July 3, in its current wording, and of paragraph g) of article 199 of the Constitution, the Council of Ministers resolves:
1 – To declare, following the epidemiological situation of COVID-19, the calamity situation in the entire national territory until 23:59 h of May 17, 2020, without prejudice to extension or modification as the evolution of the epidemiological situation justifies it.
2 – Without prejudice to the powers of the Minister of State, Economy and Digital Transition, the Minister for Internal Administration, the Minister for Modernization of the State and Public Administration, the Minister for Health, the Minister for the Environment and Climate Action and the Minister of Infrastructure and Housing, which can be exercised jointly with the members of the Government responsible for the respective sectorial areas, when applicable, to determine the adoption, throughout the national territory, of the following exceptional measures, necessary to combat COVID- 19, as well as those provided for in the regime attached to this resolution and of which it is an integral part:
3 – Establish, within the scope of protection and assistance:
4 – Reinforce that, during the period of validity of the calamity situation, citizens and other entities have, under the terms of paragraphs 1 to 3 of article 6 of Law no. 27/2006 , of July 3 , in its current wording, the duty of collaboration, namely in the fulfillment of orders or instructions from the bodies and agents responsible for internal security and civil protection and in the prompt satisfaction of requests that are justifiably made to them by the competent entities for the implementation of the measures that justify the present declaration of calamity.
5 – To establish that the Government assesses, at all times, the need to approve a sanctioning framework for violation of this resolution, based on the report made by the security forces and services to the Government member responsible for the area of internal administration regarding the degree of compliance with the measures adopted by this resolution.
6 – Reinforce, without prejudice to the preceding paragraphs, that it is the responsibility of the security forces and services and the municipal police to monitor compliance with the provisions of this resolution, by means of:
7 – To recommend to parish councils, in the context of ensuring compliance with the provisions of the regime attached to this resolution:
8 – To determine that, for the purposes of subparagraph d) of paragraph 6, health authorities communicate to the security forces and services of the place of residence the application of mandatory containment measures.
9 – To determine the creation of a structure for monitoring the situation of calamity, coordinated by the member of the Government responsible for the area of internal administration, with the power of delegation, composed of representatives of the governmental areas defined by order of the Prime Minister and representatives of the forces and security and ANEPC services, for the purpose of regular monitoring of the situation.
10 – Reinforce that disobedience and resistance to the legitimate orders of the competent entities, when practiced during the validity of the calamity situation and in violation of the provisions of the regime attached to this resolution, constitute a crime and are sanctioned under the terms of criminal law, being respective penalties increased by one third, in their minimum and maximum limits, pursuant to paragraph 4 of article 6 of Law no. 27/2006 , of July 3, in its current wording.
11 – To determine that this resolution takes effect as of 00:00 on May 3, 2020.
Presidency of the Council of Ministers, April 30, 2020. – The Prime Minister, António Luís Santos da Costa.
(Disaster situation regime referred to in paragraph 2 of this resolution)
The present regime establishes exceptional and temporary measures to respond to the SARS-CoV-2 epidemic and the COVID-19 disease within the scope of the declaration of a calamity situation throughout the national territory.
1 – Are in compulsory confinement, in a health establishment, at their home or in another place defined by health authorities:
2 – The health authorities communicate to the security forces and services of the place of residence the application of the mandatory containment measures.
Civic duty of home collection
1 – Citizens must refrain from circulating in public spaces and roads, as well as in spaces and private roads equivalent to public roads, and remain in their home, except for travel authorized by the present regime.
2 – For the purposes of the preceding paragraph, authorized travel is considered to be those aimed at:
3 – Private vehicles can travel on the public road to carry out the activities mentioned in the previous paragraph or to refuel at gas stations.
4 – For the purposes of the present regime, the activity of high-performance athletes and their coaches, as well as sporting companions in adapted sports, is equated with professional activity.
5 – Without prejudice to the provisions of the preceding paragraphs, the recommendations and orders determined by the health authorities and the security forces and services, in particular those concerning the distances to be observed between people, must be respected in all trips made.
6 – It is incumbent upon the security forces and services and the municipal police to monitor compliance with the provisions of this article, by recommending all citizens to comply with the civic duty of home collection, as well as advising on the non-concentration of people on the public road. and the dispersion of concentrations greater than 10 people, unless they belong to the same household or for professional filming, with respect for the rules of physical distance and other health rules, according to guidelines of the health authority.
It is mandatory to adopt the teleworking regime, regardless of the employment relationship, whenever the functions in question allow.
Closed facilities and establishments
The facilities and establishments referred to in Annex I to the present regime and which form an integral part thereof, are closed.
Suspended activities in the context of retail trade and the provision of services
1 – Activities in retail and service establishments with a sales or service area of more than 200 square meters are suspended, as well as those in commercial complexes, unless they have an equal area or lower and an autonomous and independent entrance from the outside.
2 – Except for the provisions of the previous number, commercial establishments and service provision activities listed in annex II to the present regime and which are an integral part of it, establishments selling books and musical supports, as well as establishments that intend to maintain the respective activity exclusively for the purpose of home delivery or provision of goods at the door of the establishment or the wicket, in which case the access to the interior of the establishment by the public is prohibited.
Restoration and the like
1 – Catering establishments and the like may maintain their respective activity, if their holders so decide, for the exclusive purpose of cooking intended for consumption outside the establishment or delivery at home, directly or through an intermediary.
2 – For the purposes of the preceding paragraph, catering establishments and the like are exempted from a license for cooking intended for consumption outside the establishment or home delivery and may determine to their workers, provided that with their consent, participation in the respective activities, even if they were not part of the object of the respective employment contracts.
Renting of passenger vehicles without driver
Renting a car without a driver (rent-a-car) is permitted in the following circumstances:
Retail sale in wholesalers
1 – The holders of the operation of wholesale food distribution establishments are allowed to sell their products directly to the public, cumulatively exercising retail activity.
2 – Goods intended for retail sale must display the respective selling price to the public and be made available for purchase in unit form.
3 – Holders of the operation of wholesale food distribution establishments in which retail sales are carried out must adopt, if necessary, measures to ensure that the quantities available to each consumer are adequate and deterring hoarding situations.
4 – Holders of the operation of wholesale food distribution establishments wishing to engage in retail trade activities under the terms of the previous paragraph are obliged to comply with the rules of occupation, permanence and social and hygiene distance, relating to protective equipment individual and alcohol-based solutions, opening hours, priority service, complaints book in physical format and the duty to provide information, provided for in the present regime.
Rules of occupation, permanence and physical distance
1 – In all places where trade and services activities are carried out under the terms of the present regime, whether commercial establishments, wholesale or retail, or large commercial areas, commercial complexes, markets, auctions or establishments providing services, the following rules of occupation, permanence and social distance must be observed:
2 – For the purposes of paragraph a) of the previous number:
3 – Managers, managers or owners of spaces and establishments must make every effort to:
Retail establishments or service establishments where activities are carried out under the terms of the present regime must observe the following hygiene rules:
Retail or service establishments where activities are carried out under the terms of the present regime must seek to ensure the availability of liquid alcohol-based solutions, for workers and customers, with all entrances and exits of establishments, as well as inside, in suitable locations for disinfection according to the organization of each space.
1 – The opening hours of retail stores or services can be adjusted, in order to guarantee a delay in the opening or closing time, on their own initiative, by concerted decision, by decision of space managers. where the establishments or the member of the Government of the economy area are located, without prejudice to the provisions of the following number.
2 – The establishments that only resume their activity after the entry into force of the present regime, cannot, in any case, open before 10:00.
3 – Retail or service establishments may close at certain times of the day to ensure cleaning and disinfection operations for employees, products or space.
4 – The hours of operation of retail establishments or the provision of services may be limited or modified by order of the member of the Government responsible for the economy, during the period of validity of the present regime.
Retail or service establishments that maintain their activity in terms of the preceding articles must give priority to health professionals, elements of the security, protection and rescue forces and services, armed forces personnel and provision of social support services.
Duty to provide information
Retail or service establishments where activities are carried out under the terms of the present regime must clearly and visibly inform customers about the new rules of operation, access, priority, service, hygiene, safety and other relevant applicable to each establishment.
Physical and sports activity
1 – The practice of physical and sports activities in a non-competitive context and outdoors can be performed, provided the following conditions are ensured:
2 – The exercise of physical and sports activity is allowed for up to five practitioners under the supervision of a coach, or the practice of recreational physical and sports activity for up to two practitioners.
3 – Except for the limits established in the previous number, professional or high-performance athletes.
4 – Sports facilities in operation for the purposes of the preceding paragraphs are governed by the provisions of article 11, with the necessary adaptations.
1 – Public services resume face-to-face service by appointment from May 4, 2020.
2 – Lojas do Cidadão remain closed, with in person attendance by appointment at Citizen’s Stores only in locations where there are no decentralized branches, as well as the provision of these services through digital media and contact centers with citizens and companies.
3 – For the services covered by this article, the provisions of articles 11 and 14 apply.
1 – Celebrations and other events that involve more than 10 people are not allowed.
2 – In duly justified situations, the members of the Government responsible for the areas of internal administration and health may, jointly, authorize the holding of celebrations or events, defining the respective terms.
1 – The holding of funerals is subject to the adoption of organizational measures that guarantee the absence of clusters of people and the control of safety distances, namely the establishment of a maximum attendance limit, to be determined by the local authority that exercises management powers of the respective cemetery.
2 – From the limit established under the terms of the preceding paragraph, it cannot result in the impossibility of being present at the funeral of a spouse or de facto partner, ascendants, descendants, relatives or the like.
(referred to in Article 5)
1 – Recreational, leisure and fun activities:
Dance or party halls;
Amusement parks and recreational parks for children and the like;
Water parks, without prejudice to workers access for the purpose of caring for animals;
Any covered places for leisure sports;
Other places or facilities similar to the previous ones.
2 – Cultural and artistic activities:
Auditoriums, cinemas, theaters and concert halls;
National, regional and municipal museums, monuments, palaces and archeological or similar sites (interpretive centers, caves, etc.), public or private, without prejudice to the access of workers for the purposes of conservation and safety and access to green spaces in the air free inserted in them;
Bullfighting squares, places and installations;
Art galleries and exhibition halls;
Congress halls, multipurpose rooms, conference rooms and multi-purpose pavilions;
All events of a cultural nature held in indoor and outdoor venues.
3 – Sports activities, except those intended for the activity of professional and high-performance sportsmen, in the context of training:
Football, rugby and similar fields;
Pavilions or enclosures;
Futsal, basketball, handball, volleyball, roller hockey and similar pavilions;
Covered firing ranges;
Tennis courts, padel courts and similar covered;
Skating rinks, ice hockey and the like;
Indoor or outdoor pools;
Boxing rings, martial arts and the like;
Permanent circuits covered by motorcycles, automobiles and the like;
Racetracks and similar covered tracks;
Gymnasiums and gyms;
Covered athletics tracks;
4 – Activities in open spaces, spaces and public roads, or spaces and private roads similar to public roads:
Cycling, motorcycling, motoring and similar covered routes, except those intended for the activity of professional and high-performance sportsmen, in the context of training;
Nautical events and exhibitions;
Aeronautical tests and exhibitions;
Parades and popular parties or folkloric or other manifestations of any nature.
5 – Gaming and betting spaces:
Gambling establishments such as bingo or similar;
Game rooms and recreational rooms.
6 – Restaurant or drink services:
Restaurants and the like, coffee shops, tea houses and the like, with the exceptions of the present regime;
Beverages and similar establishments, with or without dance spaces;
Hotel bars and restaurants, with the exceptions of the present regime;
7 – Spa and spas or similar establishments, as well as solariums, tattoo services and the like, namely implantation of piercings.
8 – Language schools and tutoring centers, except for the former, for the purpose of conducting tests, in strict compliance with the physical distance recommended by the health authority.
(referred to in Article 6)
1 – Minimercados, supermarkets, hypermarkets;
2 – Fruit shops, butchers, fishmongers, bakeries;
3 – Markets, in the case of sale of food products;
4 – Food production and distribution;
5 – Auctions;
6 – Catering and drinks, under the terms of the present regime;
7 – Preparation of meals ready to take home, under the terms of the present regime;
8 – Medical services or other health and social support services;
9 – Pharmacies and places of sale of medicines not subject to medical prescription;
10 – Medical and orthopedic products establishments;
11 – Opticians;
12 – Cosmetic and hygiene products establishments;
13 – Establishments of natural and dietary products;
14 – Essential public services and respective repair and maintenance (water, electricity, natural gas and piped liquefied petroleum gases, electronic communications, postal services, wastewater collection and treatment services, wastewater collection and treatment services, wastewater services management of urban solid waste and urban hygiene and passenger transport services);
15 – Services authorized for the supply of water, the collection and treatment of waste water and / or waste generated within the scope of the activities or in the establishments referred to in this annex;
16 – Stationery and tobacconists (newspapers, tobacco);
17 – Social games;
18 – Veterinary medical care centers;
19 – Establishments selling pet animals and food and feed;
20 – Establishments selling flowers, plants, seeds and fertilizers and chemical and biological phytosanitary products;
21 – Textile and fur washing and dry-cleaning establishments;
22 – Drugstores;
23 – Hardware stores and stores selling DIY material;
24 – Fuel filling stations and charging stations for electric vehicles;
25 – Fuel sales establishments for domestic use;
26 – Shops, maintenance and repair of bicycles, motor vehicles and motorcycles, tractors and agricultural machinery, ships and boats, as well as the sale of parts and accessories and towing services;
27 – Sales and repair establishments for household appliances, computer and communications equipment;
28 – Banking, financial and insurance services;
29 – Funeral and related activities;
30 – Home maintenance and repair services;
31 – Security or home surveillance services;
32 – Cleaning, disinfection, rat removal and similar activities;
33 – Home delivery services;
34 – Tourist establishments, except campsites, which can provide food and drink services on the establishment itself exclusively for the respective guests;
35 – Services that guarantee student accommodation;
36 – Vending machines in companies, establishments or any institutions in which those machines represent the only means of access to food products;
37 – Activity by itinerant sellers, under the terms provided for in the present regime;
38 – Activity of renting goods vehicles without a driver (rent-a-cargo);
39 – Activity of renting passenger vehicles without a driver (rent-a-car), under the terms provided for in article 16;
40 – Provision of services for the execution or improvement of Fuel Management Band Networks;
41 – Establishments selling irrigation material and equipment, as well as products related to winemaking, as well as material for accommodating fruits and vegetables;
42 – Establishments selling plant protection products and biocides;
43 – Establishments for the sale of veterinary medicines;
44 – Hairdressing salons, barbers and beauty institutes, by appointment;
45 – Cycle shops, motor vehicles and motorcycles, tractors and agricultural machinery, ships and boats;
46 – Establishments providing real estate services;
47 – Retail establishments for books and musical supports;
48 – Canteens or cafeterias that are in regular operation;
49 – Other collective catering units whose catering services are provided under a contract of continuous execution;
50 – Retail and service provision establishments located along the motorway network, inside airports and in hospitals.