At the beginning of the month, the executive branch announced that they would no longer request an extension to the National Congress to continue under the state of emergency, which would mean the end of the national curfew hours.
Instead, the Ministry of Public Health, through Resolution 000048, has issued a series of restrictions on people who have not been vaccinated against Covid-19, in the form of submitting a vaccination card, or a false negative PCR test, to conduct activities, or to enjoy services, in places the public.
This procedure turned out to be controversial with a group of people described as “unconstitutional”This prompted the lawyers to file protection cases against the aforementioned decision.
In the face of this situation, the Legal Adviser to the Ministry of Public Health, Luis Manuel Tolentino, confirmed on Wednesday that these restrictions do not violate any regulation of Dominic Magna Carta, noting that they are based on the assumption of the legitimacy of these documents until they were mentioned otherwise.
Tolentino explained this during a press conference held by the Public Health Authority this morning, where he also urged those who feel that the new measures have been violated to go to court.
“People have a right to go to court when they feel hurt in their own right, but we also make an exception that we start from that The law authorizes us to assume that laws are constitutional Even the court, if it understands this, and if it proves, it can be considered unconstitutional, which was not the case in the case.”
He also stressed that the legitimacy of this decision lies in the powers of this health authority granted by Law No. 42-01 of the Public Health Law.
“President Louis Abenader has been very forthright about this, that justice is independent, that citizens must have justice, that anyone who feels that their right has been violated can go, but we We proceed from the constitutionality and legality conferred by Law 42-01 to take these actions,” Tolentino said.
Delayed
The Third Chamber of the Supreme Administrative Court (TSA) reported last Tuesday that Delayed Protection claims against a public health decision.
Saeed’s hearing is scheduled for 9:00 AM, October 26.
The court, headed by Judge Louisa Kanaan, ordered a postponement to summon the parties and the administrative prosecution, in addition to settling the voluntary interventions.