Quarantine and Coronavirus – Criminal Aspects

On 23 March, 2020, the São Paulo State Government issued Decree nº 64.881/2020 which restricts – by suspending the economic activities of nonessential establishments – social contact between citizens to avoid a bigger spread of the new coronavirus. In the event of noncompliance with the implemented quarantine measures, the decree established that articles 268 and 330 of the Criminal Code shall be referred to. These articles, respectively regarding the infraction of a preventive sanitary measure and the crime of disobedience, may lead to criminal prosecution of those who violate social isolation measures. However, it is important to note that the decree does not prohibit circulation of the public in the streets or in public and private spaces. To restrict such rights, the Federal Government, by means of the Constitution, would have to declare a state of exception.

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