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Court considers prophylactic isolation for travellers from Brazil to be illegal

Court considers prophylactic isolation for travellers from Brazil to be illegal
  • 05 May 2021

A court in Sintra accepted a ‘habeas corpus’ request for immediate release, from a lawyer whom the health authorities forced to stay in prophylactic isolation at home for 14 days when she returned from Brazil.

A statement from the Bar Association states that the lawyer, her husband and a minor daughter entered Portugal from Brazil on May 2, 2021 and, despite having negative tests for SARS-CoV-2 and “been allowed to enter in national territory without any restriction”, the health delegate in their area of residence imposed an isolation period of 14 days.

The lawyer refuted the order, through a request from ‘habeas corpus’ to challenge the resolution of the Council of Ministers 45-C / 2021, of 30 April, which was accepted by the Court in Sintra.

The judge declared the aforementioned resolution of the Council of Ministers unconstitutional during the calamity situation and immediately prohibited the health authorities from placing the lawyer and other family members in forced isolation, considering that this would only be possible if the state of emergency prevailed.

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