The decree that makes the use of masks mandatory in all public places in the State of São Paulo, announced on Monday by Governor João Doria (PSDB), was published this Tuesday, 5th, in the State Official Gazette and provides for a fine that will vary from R $ 276 to R $ 276 thousand for individuals and establishments that break the rule, in addition to detention for up to one year. The rule becomes effective this Thursday, 7, although the item is already required for access to public transport.

The text states that the rule was made based on recommendations from the Coronavirus Contigency Center, from the state government, and also from the Ministry of Health, and that it is necessary to contain the spread of the disease to ensure the functioning of health services. The requirement will apply as long as the quarantine lasts in the State.

The decree also determines that the inspection of the rule will be delegated to the municipalities, which will have to determine the exact amount of the fine for each type of situation in which the infraction is committed. In the case of the city of São Paulo, there is an expectation that a decree regulating inspection will be published this Wednesday, 6. The São Paulo Association of Municipalities argues that city halls need extra resources to fulfill this determination.

Masks are mandatory “in spaces open to the public, including goods for the common use of the population”, inside commercial establishments that are still open (such as pharmacies, supermarkets, repair shops, etc.) and in public offices. Both for regulars and employees.

Punishments include a warning, a cash fine and a ban on where the rule is being violated. The closing may be total or partial.

The text further determines that those who break the rule may be accused of the crimes of Infringement of Preventive Sanitary Measure, provided for in the Penal Code (and which has an established penalty of detention from one month to one year and a fine), and Disobedience, whose penalty is detention from fifteen days to six months, in addition to a fine.

READ THE COMPLETE DECREE

DECREE No. 64,959,

MAY 4, 2020

Provides for the general and mandatory use of face protection masks in the context of the AIDS pandemic

COVID-19 and gives related measures

JOÃO DORIA, Governor of the State of São Paulo, in the use

of their legal duties,

Considering the recommendations of the Contingency Center

Coronavirus, instituted by Resolution No. 27, of March 13

2020, from the Health Secretariat;

Considering the guidance of the Ministry of Health that

the use of face protection masks for the general population

constitutes an additional measure to social distance, for preparation and response during the interval of epidemic acceleration

(Epidemiological Bulletin of the Emergency Operations Center

in Public Health – COVID 19 nº 7);

Considering the need to contain the dissemination

COVID-19 and ensure the proper functioning of services

of health,

Decrees:

Article 1 – While the quarantine measure lasts

instituted by Decree nº 64.881, of March 22, 2020,

determined, in addition to the provisions of Decree no.

64,956, of April 29, 2020, the mandatory use of masks

face protection, preferably for non-professional use:

I – in spaces with open access to the public, including

goods for the common use of the population;

II – within:

a) establishments that perform essential activities,

referred to in § 1 of article 2 of Decree nº 64.881, of

March 22, 2020, by consumers, suppliers, customers,

employees and collaborators;

b) in state public offices, by population, by

public agents, service providers and individuals.

Paragraph 1 – Failure to comply with the provisions of this article

the offender, as the case may be, to the penalties provided for in items I, III and

IX of article 112 of Law No. 10,083, of September 23, 1998 –

State Health Code, without prejudice:

1. in the event of item “a” of item II, of the provisions of Law

Federal No. 8,078, of September 11, 1990 – Defense Code

Consumer;

2. in the event of item “b” of item II, of the provisions of Law

10.261, of October 28, 1968;

3. in all cases, the provisions of articles 268 and 330

of the Penal Code.

§ 2 – The use of face protection masks constitutes

entry condition and eventual or permanent attendance, in the

enclosures referred to in item II of this article.

Article 2 – The supervisory duties resulting from the

item I and item “a” of item II of article 1

will be delegated to the Municipalities, with the Secretariat of Health

the representation of the State in the respective instruments.

Article 3 – This decree takes effect on May 7,

2020.

Bandeirantes Palace, May 4, 2020

JOÃO DORIA

Gustavo Diniz Junqueira

Secretary of Agriculture and Supply

Patricia Ellen da Silva

Economic Development Secretary

Sergio Henrique Sá Leitão Filho

Secretary of Culture and Creative Economy

Rossieli Soares da Silva

Secretary of Education

Henrique de Campos Meirelles

Finance and Planning Secretary

Flavio Augusto Ayres Amary

Housing Secretary

João Octaviano Machado Neto

Logistics and Transport Secretary

Paulo Dimas Debellis Mascaretti

Secretary of Justice and Citizenship

Marcos Rodrigues Penido

Secretary of Infrastructure and Environment

Celia Kochen Parnes

Social Development Secretary

Marco Antonio Scarasati Vinholi

Regional Development Secretary

José Henrique Germann Ferreira

Secretary of Health

João Camilo Pires de Campos

Secretary of Public Security

Nivaldo Cesar Restivo

Penitentiary Administration Secretary

Alexandre Baldy de Sant’Anna Braga

Metropolitan Transport Secretary

Aildo Rodrigues Ferreira

Sports Secretary

Vinicius Rene Lummertz Silva

Tourism Secretary

Celia Camargo Leão Edelmuth

Secretary for the Rights of Persons with Disabilities

Julio Serson

International Relations Secretary

Antonio Carlos Rizeque Malufe

Executive Secretary, Responsible for the Office

Civil House

Rodrigo Garcia

Government Secretary

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