by José Luis Moreira da Silva
Partner and Head of the Public Procurement Department - SRS Legal

1. How does the law defines State of Emergency?

The State of Emergency is foreseen and regulated under the Constitution of the Portuguese Republic (“CRP”) and Law n.º 44/86, of 30 September.
The State of Emergency is a state of exception that can be declared in cases of public calamity (arts. 19/2 of the CRP and 1/1 of Law n.º 44/86).
The declaration of the State of Emergency gives the authorities the power to take all necessary and appropriate measures for the prompt restoration of constitutional normality (art. 19/8 of the CRP).

According to Brazilian Law (especially the Public Procurement Law), contracts entered by the Public Administration do not follow the same rules applicable to private contracts, i.e, the public party has what are usually called “extravagant” powers, which allow it to terminate or unilaterally modify the contract, as well as  to apply penalties to the contracting party in case of default or non-execution.

by Inês Arruda
Partner – Labor and Social Security Department
Vasconcelos Arruda & Associados

In the last week the number of infected persons in Portugal has risen exponentially. As of March 19tha state of emergency has been declared nationwide. As a consequence, some commercial activities will be forced to shut down, while others, deemed vital to the functioning of society, will be required to continue their operations.

All businesses, without exception, are affected by the covid-19 pandemic. In some sectors this impact is quite dramatic, for example in the tourism and restaurant segments, which will require exceptional and urgent measures that are not in line with the legally established regime.

André Figueiredo - Partner and head of the Capital Markets practice.
João Tiago Morais Antunes - Partner in the corporate and financial litigation practice.
Duarte Schmidt Lino Partner and co-head of the Corporate M&A practice.

The fast spread of Covid-19(Coronavirus) throughout the world and the impact of the administrative measures to contain its spread represent a growing challenge for companies and individuals alike. The main focus is clearly to ensure the safety of workers and employees. However, another big challenges that businesses will face is the impact of the Coronavirus on their ability to comply with their contractual obligations and to businesses that are the other parties to their contracts.

Tuesday, 17 March 2020 16:08

COVID-19 – employment impacts

by Tiago Piló
Managing Associate Labour

In the wake of the confirmation by the World Health Organization of the Coronavirus (COVID-19) outbreak as a pandemic, the Government approved, over the weekend, several measures to tackle the negative impacts of COVID-19 virus on employers, employees and their families. These immediate, extraordinary, temporary and transitory measures were approved with a view to maintaining jobs and mitigating business crisis situations affected by the outbreak of the COVID-19 virus.

Author Joana Miranda Gancho
Advogada - Sócia Directora do Escritório

On January 30th, the World Health Organization declared the Outbreak in China of Covid-19 (a type of Coronavirus) as a public health emergency of international importance. In recent days, an outbreak caused by Covid-19 is developing fast in our country, and until now there is no specific medical treatment against it. 

Its rapid transmission, and the fact that it is spreading internationally, makes different governments taking measures that directly affect business and labor activity: quarantines, closing of monuments, cancellations of congresses, prohibition of shows with mass public assistance, among others. In this way, the current situation, which is considered predictable for the coming weeks, can generate multiple situations that, in one way or another, will affect all commercial activity.

by Alejandro Fernández de Araoz
Araoz & Rueda

1. Context.

On 30 January 2020, the World Health Organization (WHO) General Director declared the outbreak of CoViD-19 (also known as Coronavirus), a public health emergency of international concern (PHEIC). In addition, on 11 March 2020, the WHO has officially declared the Coronavirus a pandemic. Finally, the Spanish Government has declared the official “state of alarm” which is an extraordinary situation allowing the public authorities to restrict basic individual rights such as free movement and endorsing mandatory quarantines periods. 

The effects of the epidemic are already affecting the conduct of all activities, including the administration of justice, the exercise of individual freedoms, and the continuation of business operations. In particular, the consequences of the CoViD-19 outbreak may affect the ability or the willingness of one of the parties to a contract to perform its obligations thereunder.

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