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Without a state of emergency, home confinement duty is not mandatory. “It is a mere recommendation”, maintain constitutionalists

Constitutionalist Paulo Otero has no doubt that the President of the Republic will advance this Monday to a new state of emergency, “Progressive and not identical for all municipalities”, so that measures such as the duty of home collection are mandatory, and not a mere recommendation. “The way in which the restriction appears in the Government’s resolution is strange, that is, it is not imposed, a certain behavior is suggested”, says the constitutionalist, arguing that the duty of home confinement, in order to be binding, requires that it be declared the highest level of suspension of rights. “If the duty to stay at home was mandatory, the Prime Minister would have to say what the sanction to which non-compliant persons are subject from the start”, he adds.

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