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March 23, 2020

COVID-19 | Life Sciences & Healthcare - State Government Regulations

Life Sciences updated on Mar 23 at 02:00 pm

PROVISIONAL MEASURE LIMITS THE WIDE APPLICABILITY OF RESTRICTIONS BY STATE RULES

On March 3, 2020, Law No. 13,979/2020 (Coronavirus Law) was amended by Provisional Measure (MP) No. 926/2020.

The MP, among other measures, includes new paragraphs in section 3rd of the Coronavirus Law, limiting the normative power of states and municipalities. The objective was to provide greater legal certainty to businesses related to essential services and activities for the population:

  • Restrictive measures should guarantee the exercise and functioning of public services and essential activities.
  • Such services and activities are defined by the Decree No. 10,282/2020, published on the same day of the MP. The Decree regulates the Law No. 13,979/2020, and its standards must be respected by the state and municipal authorities when enacting the locally applicable measures.
     
  • Isolation, quarantine and mobility restrictions, “when they affect the performance of public services and essential activities, including those regulated, granted or authorized, can only be adopted through a specific act and provided that they are adopted in prior articulation with the regulatory body or with the granting or authorizing power”. For instance, measures that restrict essential activities regulated by ANEEL, ANS, ANVISA, ANP, ANAC, ANTT, ANTAQ or SUSEP, must be previously aligned with the corresponding regulatory agencies.
     
  • It is forbidden to restrict the movement of workers that may affect the functioning of public services and essential activities, as well as cargo of any kind that may result in a shortage of necessary supplies for the population.

The MP also changes the rule on restriction of locomotion. The federal or state health authority may impose restrictions on intercity or interstate transportation, provided that it is based on a technical recommendation from ANVISA (new wording of section 3, item VI).

State rules restricting mobility, which are not based on ANVISA's recommendation, should be revised.

In addition to these changes, the MP also regulates public purchases made to face the COVID-19 crisis.

The MP No. 926/2020 entered into force on the day of its publication (March 20, 2020) and will lose its effectiveness if it is not converted into law within 60 days, renewable for an equal period.

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