Among the laws in question, we highlight Law No. 7/2020, which, among other things, establishes rules regarding the payment of tuition fees in the current pandemic context, namely, the duty of higher education institutions to ensure distance learning and, if this is not possible, to readjust the tuition fees due.
Another rule established in the aforementioned law concerns partial or total restrictions on access to online gambling platforms for the duration of the state of emergency declared by the President of the Republic. These restrictions will be regulated by the Government in a separate law.
Law No. 7/2020 also establishes a guarantee of access to services considered essential during the state of emergency and in the following month, namely:
a) Water supply service;
b) Electricity supply service;
c) Natural gas supply service;
d) Electronic communications service.
On the other hand, fees for the use of services such as home banking and payments made using bank cards are suspended. To benefit from this suspension, the beneficiary must send the payment service provider a document proving their situation, taking into account the measures adopted in the context of the COVID-19 pandemic.
The law also establishes permission to redeem PPRs (Retirement Savings Plans) during the state of emergency, up to the monthly limit of the social support index, provided that one of the members of the household is proven to be covered by one of the measures adopted to combat the current pandemic situation.
Finally, Law No. 7/2020 establishes that public entities and companies providing public services may not make value-added telephone lines available for contact, namely those with the prefixes “7,” “30,” and “808,” and must replace them within a maximum period of 90 days with telephone numbers with the prefix “2.”
With regard to exceptional measures to protect the credit of households, companies, IPSS (Private Social Solidarity Institutions) and other social economy entities, as well as the special regime of personal guarantees from the State, in the context of the current pandemic, Law No. 8/2020 adds two articles to Decree-Law No. 10-J/2020 of March 26, namely Article 6-A, which establishes the duty of financial institutions to provide information to their customers, disclosing and publishing the measures provided for in the Decree-Law in question on their websites, as well as in their usual contacts with customers. These institutions are also required to inform customers of all the measures provided for in the Decree-Law prior to the signing of credit agreements, whenever the customer is a beneficiary entity. The regulation of the manner in which such information must be provided by institutions to customers is the responsibility of the Bank of Portugal.
Another article added by Law No. 8/2020 to Decree-Law No. 10-J/2020 is Article 13-A. This provision is an interpretative rule of the provisions of Article 2(2)(a) of the Decree-Law, establishing that this provision covers beneficiaries of the Lawyers and Solicitors Welfare Fund who have their contribution situation regularized or in the process of regularization, as well as subsidized credit schemes for permanent own housing.
Law No. 9/2020, in turn, establishes a regime of flexibility in the enforcement of sentences and measures of clemency in the context of the COVID-19 pandemic. Among the main measures adopted, the following stand out:
a) A partial pardon of prison sentences;
b) A special regime of clemency for sentences;
c) An extraordinary regime for administrative leave for convicted prisoners;
d) Extraordinary early release on parole.
The partial pardon regime covers prisoners convicted by final judgment with prison sentences of two years or less. It also covers the remaining periods of prison sentences of prisoners convicted by final judgment, of more than two years' duration, in cases where the time remaining for full compliance is equal to or less than two years, and the prisoner has served at least half of the sentence. Prisoners convicted of crimes against life, physical integrity, personal freedom, and sexual self-determination, among others indicated in the law, are excluded from this partial pardon regime.
With regard to exceptional pardons, these must be proposed to the President of the Republic by a member of the Government responsible for justice in relation to prisoners aged 65 or over who suffer from physical or mental illness or who have a degree of autonomy that is incompatible with normal imprisonment in the current pandemic context.
As for the extraordinary administrative leave regime, it may be granted by the Director-General of Reintegration and Prison Services or, by delegation, by the Deputy Directors-General of Reintegration and Prison Services, for a period of 45 days, provided that prisoners cumulatively meet certain requirements indicated in the diploma.
Finally, the conditional release adaptation regime may be brought forward by the Sentence Enforcement Court for a maximum period of six months, subject to successful completion of the aforementioned extraordinary administrative leave.
The return of convicts to prison requires prior compliance with a 14-day quarantine period, under the terms determined by the Directorate-General for Reintegration and Prison Services.
Law No. 7/2020 »
Law No. 9/2020 »
Law No. 8/2020 »
Source: asmip