“The representative of the Republic is aware of the doubts raised about the constitutionality or legality of the measures now taken”, said councillor judge Ireneu Barreto in a note distributed in Madeira.

However, the official argues that, "in a democratic rule of law, the rules issued by the bodies themselves enjoy the presumption of legality, so those doubts can only be overcome by resorting to the courts and, until then, these rules remain fully valid”.

In the document, the representative refers that the Madeiran executive (PSD/CDS) adopted measures “in view of the worsening of the situation in national terms, and particularly, in the Autonomous Region of Madeira”.

“The aggravation of the pandemic situation at the national level and also at the specific level of the Autonomous Region of Madeira is unequivocal, despite the fact that the situation is less serious today than in the most critical moments, as a direct consequence of the ongoing vaccination process”, highlights Ireneu Barreto.

Ireneu Barreto points out that “the Regional Government is responsible for taking measures as a regional health authority”.

However, it emphasises, in constitutional terms, only regional legislative decrees approved by the Legislative Assembly and regional regulatory decrees approved by the Regional Government are subject to preventive inspection of the legality or constitutionality of the representative.

This determination excludes the resolutions issued by the regional executive from this assessment, as is the case.

In the current context of the Covid-19 pandemic, which he considers "serious", the representative of the Republic subscribes to the call of the Regional Government, urging vaccination, antigenic tests and compliance with other health recommendations, such as the use of a mask, "for the good of everyone, their families and the community”.

New restrictions

The resolution of the Government of Madeira with the new measures to combat covid-19 was published the official newspaper of the region.

Most measures are in effect until December 15th.

The mandatory use of masks in open and closed spaces, weekly testing of the population whose proofs are required in various public and private spaces, in homes and residential structures for the elderly for employees and users, restrictions on visits to one person, the creation of circuit access to cultural events and Christmas festivities are some of the measures.

The Regional Government also stipulated the cumulative obligation to present vaccination and antigen testing for restaurants, gambling establishments, cinemas, night activities, bars and clubs, cultural events, similar social activities, hairdressers and sports activities.

These proofs will also be required “in post-religious or civil celebrations, namely, but not excluding, weddings, baptisms, first communions, confirmations, finalist parties and family gatherings”.

Despite the high rate of vaccination, Madeira has registered, in recent weeks, a daily average of over 50 new cases of infection and also an increase in the number of deaths associated with the disease, which currently stands at 84 deaths.

In view of this situation, the Government of Madeira decided, within the scope of the new containment measures for Covid-19, to change the situation from a calamity to a contingency situation.