Coronavirus - Legal Implications: Criminal Liability

[This article is part of a guide by Morais Leitão dedicated to the legal implications of the - at the time - new coronavirus.]

By virtue of the COVID-19 pandemic and the public health emergency it triggered, several measures and restrictions of an exceptional and temporary nature have been enacted and adopted in order to contain the spread, prevent transmission of the virus and respond, in general, to the needs caused by the pandemic.

A state of emergency was declared in the entire Portuguese territory, by Presidential Decree 14-A/2020, due to the occurrence of a public disaster, lasting 15 days, partially suspending certain constitutional rights and freedoms, namely:

• Freedom of movement and right to settle anywhere in Portuguese territory;
• Right to property and private economic initiative;
• Workers’ rights;
• Right to international movement;
• Right of assembly and demonstration;
• Freedom of religion, in terms of collective worship;
• Right of resistance.

Topics covered:

• Criminal liability arising from failure to comply with the restrictions and obligations set forth in decree 2-a/2020
• Criminal liability arising from sailing and buying essential goods and basic necessities

For more information, please download the document below.