24 April 21 | Lisboa
SPECIAL COVID - Misdemeanour Regime

Decree-Law No. 8-A/2021 of 22 January
Amends the regime on administrative offences and classifies as an offence the duties imposed by the State of Emergency

Duties / Obligations

1. Compliance with the general duty of home confinement;

2. Compliance with the limitation of movement between municipalities;

3. The mandatory use of masks or visors:

            3.1 For accessing or remaining in commercial and service provision spaces and establishments;

            3.2 In public buildings or buildings for public use where services are provided or acts involving the public take place;

            3.3 In educational establishments, teaching establishments and nurseries;

            3.4 Inside showrooms, exhibition halls or cinematographic or similar cinemas;

            3.5 In public passenger transport;

4. Compliance with diagnostic testing for SARS-CoV-2;

5. The observance of the duty to close facilities and establishments;

6. Compliance with the suspension of activity of facilities and establishments;

7. Compliance with the opening hours of retail or service establishments;

8. Compliance with the ban on advertising commercial practices with price reductions

9. Compliance with the rules of occupation, capacity, permanence, physical distance and the existence of pre-booking mechanisms in places open to the public

10. Compliance with the operating rules for restaurants and similar establishments;

11. Observance of the ban on the consumption of meals or products at the door of the establishment or in its vicinity;

12. The observance of the rules on the supply and sale of alcoholic drinks;

13. The observance of the rules for the consumption of alcoholic drinks;

14. Compliance with the provisions on limits on fees and commissions charged by intermediary platforms in the restaurant and similar sector;

15. Compliance with the prohibition on marketing certain goods in retail shops;

16.  Compliance with the rules on seating capacity of private vehicles with more than five seats;

17. Compliance with air traffic and airport rules;

18. Compliance with measures within the scope of residential and other reception structures and responses;

19. The observance of the prohibition of activities in an academic context;

20. The observance of the rules for physical and sporting activity;

21. The observance of the rules for the holding of events;

22. The compliance with the rules regarding maximum capacity limits for land, river and sea transport, under the terms foreseen in article 13-A of Decree-Law no. 10-A/2020, of 13 March, as amended;

23. Compliance with the rules regarding the restriction, suspension or closure of activities or separation of persons who are not ill, means of transport or goods.


Administrative Infringements


A. Failure to comply with the duties set out in points 1 to 16 and 18 to 23 of the duties, referred to above, constitutes an administrative offence, punishable with a fine from (euro) 100 to (euro) 500, in the case of natural persons, and from (euro) 1000 to (euro) 10,000, in the case of legal persons.

B. Failure by airlines or the entities in charge of the management of the respective airports, as applicable, to comply with the duties set out in point 17 of the duties constitutes an administrative offence, subject to a penalty:

 B.1 With a fine from (euro) 500.00 to (euro) 2,000.00, for each passenger who boards without presentation of proof of a laboratory test for COVID-19 disease, with negative results, carried out within 72 hours prior to boarding;

 B.2 With a fine from (euro) 2,000.00 to (euro) 3,000.00, in case of non-compliance with the obligation to make available the laboratory test for the screening of COVID-19 disease, the obligation to screen all passengers arriving in national territory for body temperature by infrared or the obligation to repeat the measurement of body temperature when a relevant body temperature is detected as a result of that screening.

 C. Failure by an individual to comply with the duty set out in point 17 of the duties by refusing to perform the RT-PCR molecular test for SARS-CoV-2 infection before entering national territory constitutes an administrative offence, punishable with a fine ranging from (euro) 300 to (euro) 800.

 D. In case of recidivism, the fine is increased in its minimum and maximum limits by one third.

 E. Negligence is punishable, in which case the amounts referred to in the preceding paragraphs are reduced by 50%.

 F. During the state of emergency, the minimum and maximum values of the fines provided for in the previous points are doubled.




The National Republican Guard, the Public Security Police, the Foreigners and Border Service, the National Civil Aviation Authority, the Maritime Police, the Food and Economic Security Authority and the Municipal Police forces are responsible for supervising compliance with these duties.


Application of Police Measures


The practice of administrative offences arising from failure to comply with the established duties also leads to the application of the following measures:

  1. Provisional closure of the establishment and cessation of activities, fixing the deadline within which the appropriate measures must be adopted to regularise the situation under the terms imposed by the declaration of an alert, contingency or calamity situation, declared under the terms of the Framework Law on Civil Protection or by the decree regulating the declaration of a state of emergency;
  2. The determination of the dispersion of the concentration of people in numbers exceeding the limit permitted by a declaration of a situation of alert, contingency or calamity, declared under the terms of the Basic Law on Civil Protection or by a decree regulating the declaration of a state of emergency.
  3. The measures provided for shall be applied and may only be applied for as long as is strictly necessary for the restoration of legality.


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