Law No. 88/2021
of December 15th
Summary: Transitory regime of mandatory use of masks in public spaces.
Transitional regime of mandatory use of masks in public spaces
The Assembly of the Republic decrees, pursuant to Article 161(c) of the Constitution, as follows:
This law establishes the conditions for determining, exceptionally, the mandatory use of a mask for access, circulation or permanence in public spaces and streets.
This law applies throughout the national territory.
Use of mask
1 – If the measure appears necessary, adequate and proportional to the prevention, containment or mitigation of epidemiological infection by COVID-19, the Government may, through a resolution of the Council of Ministers declaring a situation of alert, contingency or calamity, determine the mandatory use of a mask by people aged 10 years and over for access, circulation or permanence in public spaces and streets whenever the physical distance recommended by health authorities proves impractical.
2 – The requirement referred to in the previous number is waived:
a) Upon presentation of:
i) Multipurpose medical certificate of incapacity or medical declaration, in the case of people with cognitive or developmental disabilities or mental disorders;
ii) Medical statement attesting that the person’s clinical condition is not consistent with the use of masks;
b) When the use of a mask is incompatible with the nature of the activities that people are carrying out;
c) In relation to people who are part of the same household, when they are not close to third parties.
3-the need referred to in paragraph 1 is gauged from data relating to the evolution of the pandemic, in particular based on the increase in the number of infections and the rate of transmissibility of the disease.
Mask awareness campaigns
Awareness campaigns are carried out, in the media and with the population, about the importance of using masks in public spaces and streets, to ensure the spontaneous adherence of the population to this and other measures of individual and collective protection, and to encourage the use of reusable masks and the correct disposal of non-reusable masks.
The enforcement of the obligations provided for in this law is incumbent upon the security forces and the municipal police, and they are primarily responsible for raising awareness and educating the importance of using a mask in public spaces and streets when it is not possible to maintain the social distance.
1 – Failure to comply with the obligation established in article 3 constitutes an administrative offense under the terms provided for in article 3 of Decree-Law No. 28-B/2020 , of 26 June, which establishes the sanction regime applicable to breach of duties established by decree that regulates the declaration of the state of emergency and the duties established by declaration of the alert, contingency or calamity situation.
2 – The administrative infraction regime provided for in Decree-Law no. 28-B/2020 , of June 26, and the general regime of mere social ordering offense, contained in Decree-Law no. , of October 27th.
Application in the Autonomous Regions
The provisions of this law apply in the Autonomous Regions of the Azores and Madeira, with the necessary adaptations, taking into account regional specificities, by decree of the respective regional government.
This law enters into force on the day following its publication and expires on March 1, 2022.
Approved on November 26, 2021.
The President of the Assembly of the Republic, Eduardo Ferro Rodrigues.
Enacted on November 29, 2021.
The President of the Republic, Marcelo Rebelo de Sousa.
Countersigned on December 7, 2021.
The Prime Minister, António Luís Santos da Costa.