March 30, 2020 Temporary Measures to Deter the Spread of COVID-19 in Brazil I. Brazilian declaration of public health 20, there were already 977 confirmed emergency. The World Health Organization cases in Brazil and 11 confirmed deaths. declared COVID-19 a Public Health Bearing in mind this crisis scenario, the Emergency of International Importance on Brazilian Congress decreed that the January 30, 2020. The Brazilian government, situation in Brazil had reached a "Public in Act No. 188/GM/ MS, declared the Calamity State." outbreak a Public Health Emergency of National Importance on February 4 and, in Federal Law No. 13,979/2020, established III. Temporary measures to deter the measures to deal with the emergency. On spread of COVID-19. After that, the March 12, the Brazilian government president enacted Decree No. 10,282/2020 published Act No. 356/2020, which provides (“Decree”) and Provisional Measure No. for the regulation and implementation of 926/2020 (“Provisional Measure”) measures to deal with the COVID-19 establishing measures such as quarantines coronavirus as a public health emergency. and social distancing to fight the spread of the coronavirus in Brazil. On March 22, Brazilian President, Jair Bolsonaro, enacted a Provisional Measure (“MP No. 927/2020”) which establishes a IV. Essential activities. The Decree series of labor-related alternatives and establishes that “essential activities” are the measures to be taken during the state of ones crucial to meeting Brazilian society's emergency caused by the spread of Covid- most urgent needs during this pandemic. 19. These include allowing employers and Because non-performance of the activities employees to execute a written agreement referenced may endanger the population's to ensure the maintenance of employment health and safety, these essential activities relationships, which shall overrule any other may continue subject to appropriate health law or collective bargaining agreement, and safety considerations. For example, the provided that the Brazilian Federal transportation of essential goods to the Constitution provisions are respected. supply (production) chain—goods necessary for performing essential activities—is considered indispensable. II. COVID-19 statistics. On February 26, the first COVID-19 case was confirmed in Additionally, the Provisional Measure the city of São Paulo. Since then, the establishes that any transportation or transit disease has propagated quickly. On March restriction must be based on a technical recommendation issued by the Brazilian’s Rio de Janeiro (State): Governor Wilson National Agency on Sanitary Surveillance (in Witzel established a series of restrictive Portuguese, Agência Nacional de Vigilância measures, such as the prohibition of Sanitária – "Anvisa") to be deemed lawful. sporting events, concerts, fairs, scientific events, rallies, protests and the like and the opening of cinemas, theaters, and V. State and municipality restrictions. nightclubs to the public and also Each state and municipality, even before the significantly restrictions affecting mobility, enacting of the Federal Decree, adopted including prohibition of: restrictive measures to contain the spread of o Intercity passenger transport that the pandemic. We highlight some of the connects the Rio de Janeiro restrictive measures established by Brazil's Metropolitan Region to the capital state/municipal governments below: itself, except by train or ferry; São Paulo (State): In the state of São o The use of rideshare services (i.e., Paulo, on March 23, 2020, Governor João Uber) between the capital and other Dória enacted a decree establishing a 15- municipalities; day mandatory quarantine starting on o Interstate passenger transport March 24 and requiring the closure of all originating from the states of São establishments that provide non-essential Paulo, Minas Gerais, Espirito Santo or services until April 7. These include (i) Bahia, in addition to the Federal commercial establishments and service District and other states in which the providers offering public attendance, outbreak of the virus has been especially nightclubs, shopping centers confirmed or an emergency situation and similar establishments, gyms and has been decreed, as ratified by the fitness centers; and (ii) bars, restaurants, National Land Transport Agency; bakeries and supermarkets, except for o International or national passenger delivery services and “drive thru” services. flights originating from states in which Although these establishments may be the outbreak of the virus has been open to staff, for internal operations, they confirmed or an emergency situation must be closed to the public. has been decreed, as ratified by the The governor considers essential services National Civil Aviation Agency (This to be only the ones related to food measure does not apply to cargo (supermarkets, grocery stores, and delivery operations); or "drive thru" services from bars, o The berthing of cruise ships restaurants and bakeries), healthcare originating from states and countries (hospitals, clinics, pharmacies, laundries with a confirmed outbreak of the and cleaning services), essential good coronavirus or with an emergency supply (transport companies, storage situation decreed, as ratified by the facilities, gas stations, automotive vehicle National Waterway Transport Agency workshops and newsstands) and security (in Portuguese, Agência Nacional de (i.e., private security services), in addition Transportes Aquaviários – ANTAQ). to services considered as essentials by the federal government by the aforementioned Decree No. 10,282/2020. Besides the restrictions above, the following The governor based the decree on the fact is prohibited for the next 15 days in Rio de that São Paulo already has 631 confirmed Janeiro: cases of infection by the Covid-19 and 22 o Operation of gyms, fitness centers and deaths caused by the virus. similar establishments; 2 Tauil & Chequer Advogados | Temporary Measures to Deter the Spread of COVID-19 in Brazil o Operation of malls, shopping centers o Services and masses of any creed or and other retail venues, with the religion; exception of supermarkets, pharmacies o Commercial establishments of any and health service providers such as kind, including bars, restaurants, hospitals, clinics, laboratories and convenience stores and other stores, similar establishments; except for medical clinics, laboratories, o Going to a beach, lagoon, river or drugstores, supermarkets and building public swimming pool; materials and home products stores o Operation of bars, restaurants, (retailers and wholesalers), cafeterias and similar establishments minimarkets, grocery stores and the (exceptions: these types of like, bakeries (exclusively for product establishments inside hotels, inns and selling, not eating in), butcher shops, similar institutions that are under fish markets, gas stations, and delivery quarantine, operating only for guests operations; and employees as a way of ensuring o Beauty salons. quarantine. Brasília (Federal District): Governor In addition to the measures referred to Ibaneis Rocha enacted Decree No. 40,539 above, several other states and cities in on March 19, establishing measures to Brazil (Santa Catarina, Bahia, Espírito Santo, deal with the healthcare emergency Minas Gerais and others) also have arising from COVID-19. Pursuant to art. 2, established restrictive measures in order to the following activities shall remain fight against the global spread of the virus: suspended until April 5: State of Acre: Decree No. 5,496 of o Gatherings of any nature that require a o permit from governmental authorities; March 20; State of Amazonas: Decree No. 42,099, o Collective activities regarding cinema o and theater; of March 21; State of Amapá: Decree No. 1,414, of o Educational activities in every school, o college and university, whether public March 20; or private; o State of Pará: Decree No. 609, of March 16; o Gyms and fitness centers of any nature; o State of Rondônia: Decree No. 24,887, of March 20; o Museums; State of Tocantins: Decree No. 6,072, o Zoos and parks; o of March 21; o Nightclubs; o State of Alagoas: Decree No. 69,541, of o Service to the public in malls, fairs and March 19; recreational clubs, except related to laboratories, healthcare clinics, o State of Bahia: Decree No. 19,529, of drugstores and delivery operations; March 16; State of Ceará: Decree No. 33,510, of o Service to the public in all bank o agencies and credit unions in the March 16; Federal District, except for assistance o State of Maranhão: Decree No. 35,677, related to banking programs designed of March 21; to alleviate the economic o State of Paraíba: Decree No. 40,134, of consequences of COVID-19, as well as March 20; financial assistance to people with serious illnesses; 3 Tauil & Chequer Advogados | Temporary Measures to Deter the Spread of COVID-19 in Brazil o State of Pernambuco: Decree No. Actions for vulnerable people: 48,834, of March 20; o Anticipation of the first installment of o State of Piauí: Decree No. 18,901, of the Christmas Bonus of retirees and March 19; pensioners for April (R$23 billion); o State of Rio Grande do Norte: Decree o Anticipation of the second installment No. 29,541, of March 20; of the Christmas Bonus of retirees and o State of Sergipe: Decree No. 40,560, of pensioners for May (R$23 billion); March 16; o Amounts not withdrawn from the o State of Goiás: Decrees No. 9,633, of Social Integration Program (known in March 13, No. 9,637, of March 17 and Brazil as “PIS / PASEP”) will be No. 9,638, of transferred to FGTS to allow new March 20; withdrawals (up to R$21.5 billion); o State of Mato Grosso do Sul: Decree o Anticipation of Unemployment No. 15,391, of March 16; Benefits for June (R$12.8 billion); o State of Mato Grosso: Decree No. 419, o Expanding the Bolsa Família program of March 20; (responsible for the transfer of resources to low-income families in o State of Espírito Santo: Decrees No. Brazil) to increase its beneficiaries by 4,593-R, of March 13; No. 4,599-R, of more than 1 million people (up to March 17; No.