Through Decree 4/2021, the Casa Rosada instructed the governors and the Buenos Aires head of government, Horacio Rodríguez Larreta, to « adopt measures to limit circulation. »
City of Buenos Aires, 01/08/2021
HAVING SEEN File No. EX-2020-27946119-APN-DSGA # SLYT, Law No. 27,541, Decrees No. 260 of March 12, 2020, 297 of March 19, 2020, 1033 of December 20, 2020, their respective amending and complementary regulations, and
That by Decree No. 260/20 the public health emergency established by Law No. 27,541 was extended for a period of ONE (1) year, by virtue of the pandemic declared by the WORLD HEALTH ORGANIZATION (WHO) in relation to COVID-19.
That through Decree No. 297/20 a measure of « social, preventive and mandatory isolation » was established throughout the country, which was successively extended by Decrees No. 325/20, 355/20, 408/20, 459/20 and 493/20, until June 7, 2020, inclusive.
That by Decree No. 520/20, 576/20, 605/20, 641/20, 677/20, 714/20, 754/20, 792/20, 814/20, 875/20, 956/20, 985/20 and 1033 / 20 was differentiating the different geographical areas of the country, within the framework of the health emergency caused by COVID-19, between those that passed to a stage of « social, preventive and mandatory distancing » and those that had to return to the stage of « social, preventive and compulsory isolation », having established through the issuance of the aforementioned Decree No. 1033/20, throughout the country, « social, preventive and compulsory distancing ».
That these measures were adopted by virtue of the evolution of the pandemic and according to the health status of each party, department and agglomerate, for successive periods, until January 31, 2021, inclusive.
That as of January 6, 2021, the ARGENTINE REPUBLIC accumulates a total of 1,676,171 cases of COVID-19 and 43,976 deaths and that after presenting a decrease in the number of confirmed cases from October 19 to December 14, 2020, from that date there is a sustained growth in the number of cases.
That since the issuance of Decree No. 1033/20 to date there has been a sustained increase in the number of COVID-19 cases in the national territory, which led to today, the Provinces of CHACO, of LA PAMPA and SANTIAGO DEL ESTERO, among others, to establish various health protection measures, including limitations on circulation and activities at night, in use of the powers conferred by the aforementioned regulation.
That the provincial authorities and the AUTONOMOUS CITY OF BUENOS AIRES, meeting virtually with the President of the Nation, have expressed the need to reinforce health protection measures, particularly those aimed at restricting circulation at night, in response to the increase in community transmission of the SARS-CoV-2 virus in the country.
That by virtue of the provisions of the first paragraph of article 4 of Decree No. 1033/20, in attention to epidemiological conditions and risk assessment in the different agglomerates, departments or parties of the jurisdiction under their charge, are the provincial authorities and the AUTONOMOUS CITY OF BUENOS AIRES which are empowered to issue regulatory standards to limit circulation by hours or by zones, in order to avoid situations that may favor the spread of the SARS-CoV-2 virus.
That, likewise, Decree No. 1033 issued on December 20, 2020 and in force until January 31, 2021, in its articles 6, 7 and 25 empowers the Governors, the Governors and the Head of Government of the Autonomous City of Buenos Aires to regulate days and hours for social gatherings in public spaces and for carrying out economic, sporting and artistic activities; to dictate the pertinent protocols for sports and artistic activities, as well as to establish additional requirements to these, being responsible for the issuance of said restrictions by virtue of the sanitary evaluation of the agglomerates, departments or parties of the jurisdiction under their charge, as well as the control of compliance with the protocols for the operation of the different activities.
That based on national and international experience, it has been possible to establish which activities can increase the level of risk of transmission of the aforementioned virus and that this level of risk may vary depending on the limitation of the number of people participating in the themselves and the implementation and compliance with strict protocols.
That after TEN (10) months from the notification of the first case and by virtue of experience, it has been possible to clearly identify the activities that imply the greatest risk and the modification of the dynamics of infections at present.
That the current dynamics of transmission and the appearance of new cases originate mainly in nocturnal social and recreational activities that involve prolonged close contact, in closed spaces with poor ventilation or in open spaces with crowds of people that make it difficult to use a mask / nose and the maintenance of physical distance, and carry a high risk of transmission, especially in groups of young people who later become agents of transmission to groups at higher risk.
That, likewise, this situation can be aggravated by the consumption of alcohol since it facilitates the relaxation of compliance with the rules of conduct and distancing.
That given the current epidemiological situation, this government management understands that COVID-19 prevention measures must be strengthened, especially taking into account the particularities of each jurisdiction and the dynamics of the epidemic.
That the restriction of activities during the night hours as well as those activities with high risk of transmission at any time is reasonable in the current health situation and aims to reduce the spread and speed of contagion of the SARS-CoV-2 virus while it develops the vaccination strategy that the National State is implementing.
That vaccination in our country began on December 29, 2020, seeking to ensure that vaccines are available throughout the national territory and that the target population receives them free, equitable and equal.
That the relevant legal service has taken action.
That this measure is issued in use of the powers conferred by article 99, paragraphs 1 and 2 of the NATIONAL CONSTITUTION and by articles 4 and 27 of Decree No. 1033/20.