Public Law Department report | Federal Decree No. 814/2020: mandatory and preventive social isolation and social distancing
Dear Sir or Madam,
Within the state of sanitary emergency currently in force, the President issued Necessity and Urgency Decree No. 814/2020 -published on October 26th, 2020- which introduced some modifications to those areas subject to mandatory and preventive social isolation and for those under social distancing, between October 26, and November 8th, 2020.
Along the first chapter, the Decree identifies the jurisdictions that will be subjected to the social distancing regime: every department of Catamarca, Chaco, except for San Fernando, Comandante Fernández, Mayor Luis Jorge Fontana and Chacabuco, Chubut, except for Viedma, Rawson, Gaiman, Sarmiento y Escalante, Córdoba, except for Capital, Santa María, Punilla, Colón, Tercero Arriba and General San Martín, Corrientes, La Pampa, Formosa, Mendoza, except for Capital, Luján de Cuyo, Las Heras, Maipú, Guaymallén, Godoy Cruz, Tunuyán and Tupungato, Misiones, Neuquén, except for Neuquén city, Plottier, Centenario, Senillosa, Cutral Có, Plaza Huincul and Zapala, San Luis, except for General Pedernera, San Juan, except for Rawson and Capital city, Santa Fe, except for Rosario, Capital City, General López, Caseros, Constitución, San Lorenzo, Las Colonias and Castellanos, Tucumán, Entre Ríos, Tucumán, except for Capital city, Tierra Del Fuego, Antártida e Islas del Atlántico Sur, except for Río Grande, Santa Cruz, except for the City of Río Gallegos, El Calafate and Caleta Olivia, Jujuy, Rinconada and San Pedro, Río Negro, except for Bariloche, Dina Huapi and General Roca, La Rioja, except for Chilecito, Salta, except for Capital City, Santiago del Estero, except for Capital City and La Banda, and all departments of the Province of Buenos Aires, with the exception of General Pueyrredón, Bahía Blanca, Tandil, San Nicolás, Captain Sarmiento, General Belgrano, General Madariaga, Laprida, Pilar, Pinamar, Saladillo, San Cayetano, Tordillo and the 35 departments included in the AMBA region.
Social distancing requires compliance with the following requirements: (i) an adequate health system with the capacity to respond the sanitary demand, (ii) that the jurisdiction is not considered as of viral community transmission by the National Sanity Authority, (iii) the rate for confirmed cases within the last two closed epidemiologic weeks and the total of confirmed cases is inferior to 0,8.
Moreover, the Decree states people’s circulation is only allowed within the limit of their department or municipality, unless for those with Unique Circulation Certificate. Specific conduct parameters will need to be fulfilled, e.g., a minimum distance of 2 meters. Also, said Decree states provincial authorities are entitled to dictate regulations in order to limit circulation to specific timeframes or zones, and state 14 days isolation with regards to people entering their provinces from other jurisdictions, instead of people conducting essential activities.
Also, it is important to point out that for the development of economical, industrial, business or services activities a special protocol is to be required, approved by the sanitary authority and always limiting closed spaces to 50% of its capacity.
Furthermore, the prohibition to develop the following activities is still maintained: (i) public or private events with an attendance of more than 10 people; (ii) the practice of any sports with more than 10 people or that won’t allow a 2-meter distancing; (iii) cinemas, theaters, clubs, cultural centers; (iv) public transportation service for interurban, inter-jurisdictional and international passengers, except for the exceptions previously established (i.e., essential activities); (v) touristic activities; (vi) meetings during working hours that do not comply with 2 meters distance and correct ventilation of spaces, and (vii) prohibition of family reunions or events in closed spaces or in people’s domiciles. As per the request of the Governors, the Chief of Cabinet may authorize exceptions to said prohibitions, with the requirement of a previously approved protocol.
In the second chapter, the Decree establishes mandatory and preventing social isolation for the following jurisdictions: the Metropolitan Area of Buenos Aires, as defined in the Decree, the Departments of General Pueyrredón, Bahía Blanca, San Nicolás, Capitán Sarmiento, General Belgrano, General Madariaga, Laprida, Pila, Pinamar, Saladillo, San Cayetano, Tordillo and Tandil, Provincia de Buenos Aires, the cities of San Fernando, Comandante Fernández, Mayor Luis Jorge Fontana and Chacabuco from Chaco, Viedma, Escalante, Rawson, Gaiman, Sarmiento from Chubut, Capital, Santa María, Punilla, Colón, Tercero Arriba and General San Martín, from Córdoba, the cities of Paraná, Colonia Avellaneda, Oro Verde, San Benito and Gualeguaychú from Entre Ríos, Bariloche, Dina Huapi, Adolfo Alsina and General Roca, from Río Negro, Río Gallegos, El Calafate, Puerto Deseado and Caleta Olivia from Santa Cruz, Río Grande from Tierra del Fuego, Antártida e Islas del Atlántico Sur, Capital City and Chilecito, from La Rioja, Capital, Luján de Cuyo, Las Heras, Maipú, Guaymallén, Godoy Cruz, Tunuyán and Tupungato from Mendoza, Plottier, Centenario, Senillosa, Cutral Có, Plaza Huincul and Zapala from Neuquén, Capital City of Salta, Rawson and Capital City, from San Juan, Capital and La Banda, from Santiago del Estero, General Pedernera, from San Luis, Rosario, and Capital, General López, Caseros, Constitución, San Lorenzo, Las Colonias and Castellanos de Santa Fe.
Essential and authorized activities remain as established by Decree No. 792/2020, along with those activities that were incorporated by later Decisions, requiring the approval of protocols by sanitary provincial or City of Buenos Aires authorities. The activity of teachers and non-teachers in educative institutes is included for those jurisdictions when classes are re-introduced or non-scholar activities.
The granting of new authorizations for new activities is also kept with no changes and depends on the number of inhabitants of each region (over or under 500,000) and of the specific distinctions made for special jurisdictions (for instance, AMBA).
Also, mandatory and preventing social isolation maintains restrictions for the development of activities implying people’s reunion; among others, those concerning public and private events, teaching classes, shopping malls, and tourism. The Chief of Cabinet is entitled to the authorization of any of the aforementioned activities, as per the request of the Governor or the Chief of the City of Buenos Aires.
Lastly, the Decree’s third chapter includes common dispositions to both mandatory and preventing social isolation and social distancing, mainly regarding epidemiology monitoring schemes, the restriction to circulate for suspected or confirmed COVID-19 cases, the extension of the closure of Argentine borders, and inter-jurisdictional circulation.
Please, do not hesitate to contact us should you require any further information on this matter.
Juan A. Stupenengo