Restrictions unconstitutional?

New measures generate criticism

New restrictions generate queues at the vaccination centre

According to a news report by Público this Friday, in reaction to the measures announced yesterday by the Regional Government of Madeira, constitutionalists such as Jorge Bacelar Gouveia, “says that autonomous regions do not have powers to restrict fundamental rights”, while ” Jorge Miranda also has many doubts that this is possible”. For Pedro Bacelar Vasconcelos, these measures are “an abuse of power”, they mention.

In the article, after hearing “two university professors” – Jorge Bacelar Gouveia and Pedro Bacelar Vasconcelos – who “consider that several measures to combat the pandemic announced” yesterday by Miguel Albuquerque, “namely the ban on unvaccinated people attending places such as restaurants, cinemas or gyms violate the Constitution” and “a third party, Jorge Miranda, also has many doubts that the autonomous regions can restrict fundamental rights. 

It should be remembered that the announcement made yesterday by the President of the Region reinforces restrictions to minimize the risk of contagion, which is growing in Madeira and is justified as a way of encouraging unvaccinated people to accept this option, as the risk of serious infection is much higher in these cases.

New restrictions generate demand for vaccinations

The new restrictions have generated a lot of criticism from various quarters. However, they do seem to be having the desired effect as JM reports that similar to what happened this morning at pharmacies and at the various vaccination posts throughout Funchal, the vaccination centre at Tecnopolo is also registering a growing number of people. This Friday, at 11 am, dozens of people were waiting at the entrance to the vaccination centre, a notable increase in relation to that registered in recent days (photo above).

COVID-19 in Madeira: daily updates can be found in an earlier post

Travel latest: requirements for entering and leaving Madeira: is kept up-to-date on a previous post

26 thoughts on “Restrictions unconstitutional?”

  1. Unfortunate
    Ricardo Miguel Oliveira Ricardo Miguel Oliveira
    Nov 18, 2021 23:17

    Unless better understood, the restrictive measures in the scope of covid-19 announced today by Miguel Albuquerque are wounded by legality and rigour and worse, if they are mandatory, they are not enforceable!!!!!!!!
    As long as the necessary clarifications and the usual amendments do not appear, it does not seem to us that terms such as “should”, “establish” or “recommend” are mandatory. Hence, the cumulative presentation of a vaccination certificate and antigen test to attend any public or private venue and events – which, according to law experts, violate rights, freedoms and guarantees – lacks serious framing and reasoning and it is against Portuguese constitution, paragraph 13 and 26

    Instead of clarifying, Miguel Albuquerque greatly confused the citizens. Official language cannot be dubious. President of Madeira must be smoking something telling people strange things.

    We understand that all basic measures of individual and collective protection, in open and closed environments, are mandatory, such as the use of mask, hygiene, hand disinfection and a distance of 1.5 meters. Or conducting weekly rapid tests for employees and residents of senior housing structures. Either the covid-19 vaccination or recovery certificate or the rapid antigen test, requiring repetition between the fifth and seventh day for residents, students and emigrants and their relatives for passengers disembarked at ports and airports in the region.

    Everything else is debatable, but there should be no reason for doubt MR. PRESIDENT!!!!!!!!!

    Instead of taking on responsibilities, the Government delegated them to third parties as if it were possible for a bar employee to serve spouts or ‘half balls’ and check health documentation; as if a bus driver could drive, keep to schedules and check passes or charge tickets, and even inspect the digital certificate and test; as if ARAE or PSP were enough to inspect 250,000 people…

    Instead of being pragmatic, Miguel Albuquerque has made life difficult for those who will spend hours in lines to take quick tests every seven days without being told if they are valid after 48 hours, so next five days one is not valid to be out.

    And it fostered fraud, because, due to the lack of properly certified control devices, there are specialists in providing extremely easy digital certificates and proof of tests based on ‘photoshop’.
    Hardly anyone will take excessive suggestions seriously, debited in another hour of communication disaster, full of contradictions and inconsistencies MR. PRESIDENT.
    In this context, I consider that the restrictions propagandized are no more than mere recommendations and attempts at intimidation, made in light of the fact that almost 85% of the Madeiran population is vaccinated, a commendable and exemplary situation, but which does not give legitimacy to any government to discriminate against those wants it to be.
    In practice, what Albuquerque has half-worded is that the unvaccinated can only leave the house to go to the supermarket – some have a food court! – or to Mass, as long as they have had a weekly test, with a negative result, not knowing how they will do it, if they cannot attend activities in public and private spaces without the cumulative test and vaccine!

  2. The measures are contrary to the law, to international treaties and to the Nurenberg Code and to the very notion of freedom, individual and collective. They violate every principal of the law, human rights and democracy, and are, in fact, an unprecedented abuse of the law. They are in opposition to our humanity, to being human.
    These measures, just like the ones being imposed or planned to be forced on the populations Europe, Canada, Australia, New Zealand and the US, and elsewhere are simply criminal. Literally. Those perpetrating this enormous crime on the human race will answer for their evil deeds.They, and all of us, should be sure of that. This crime will not go unpunished. Yesterday dock workes of the largest port in Europe, Rotterdam, said NO, and blocked the port, the sixth largest in the world. Their message was short and clear – these measures are unconstitutional and violate European treaties and the Nureneberg Code. They announced that their duty as citizens obliges them to resist. They called on all companies, unions and organisations to join in. Enough is enough, they said.

    • JB
      all normal people say the same.
      it is sick.
      now the goves of Madeira said -OOO..pss we are sorry we did not thought it very well.
      24 h notice it is too short
      so kindly we allow you to live normally another 8 days.!!!
      what a bunch of humanis morones

  3. The logic of this is knocking down my knees.
    Vaccinated have to be protected against unvaccinated = vaccine is not working.
    So why one should take the vaccine.
    All of unvaccinated should be protected against vaccinated. And the lockdown must be applied to vaccinated.

  4. Come on people just grow up. No I didn’t like the new regulations when they were announced and now they are being renewed.

    Unconstitutional? Please has anyone notice the “100s of thousands of people that have died”??????? Now numerous countries consisting of highly educated people have developed vaccinations to help protect us from this horrible virus. Why wouldn’t you want to protect yourself, your children, parents and any other person you come in contact with.

    The news reports show that 99% of the people in ICUs are people that have NOT been vaccinated.

    As far as I am concerned I don’t want you in any public or private event that I might got to just because you have some crazy notion about not getting the vaccine.

    Where would we be with no polio vaccine, measles, mumps, rubella, tuberculosis? Think about that for a while and give a though to all those that have died and left grieving familes to deal with their changed conditions in life.

  5. Let me just leave this here for everyone to ponder…

    From – please feel free to check out this OFFICIAL World Health Organization Database and perform a search yourself
    You can follow it up with a search for polio for comparison, it will probably be quite eye opening to say the least


    Total Adverse reactions to Covid19 Vaccines:

    Year Count
    2021 2553539
    2020 2299
    2019 94


    Adverse Reactions:

    Blood and lymphatic system disorders (104871)
    Cardiac disorders (135502)
    Congenital, familial and genetic disorders (1455)
    Ear and labyrinth disorders (84555)
    Endocrine disorders (3881)
    Eye disorders (93537)
    Gastrointestinal disorders (512131)
    General disorders and administration site conditions (1538828)
    Hepatobiliary disorders (5334)
    Immune system disorders (40030)
    Infections and infestations (192693)
    Injury, poisoning and procedural complications (128048)
    Investigations (353023)
    Metabolism and nutrition disorders (56928)
    Musculoskeletal and connective tissue disorders (730891)
    Neoplasms benign, malignant and unspecified (incl cysts and polyps) (4147)
    Nervous system disorders (1083522)
    Pregnancy, puerperium and perinatal conditions (6095)
    Product issues (3894)
    Psychiatric disorders (119839)
    Renal and urinary disorders (20952)
    Reproductive system and breast disorders (114177)
    Respiratory, thoracic and mediastinal disorders (271618)
    Skin and subcutaneous tissue disorders (346583)
    Social circumstances (18204)
    Surgical and medical procedures (27277)
    Vascular disorders (136442)

    • From YOUR source:

      The information on this website relates to potential side effects; that is, symptoms and other circumstances that have been observed following the use of a medicinal product, but which may or may not be related to or caused by that product .

      I rest my case.


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