The Emergency of the new Coronavirus and the “Quarantine Law” in Brazil

Ventura, Deisy de Freitas Lima; Aith, Fernando Mussa Abujamra; Rached, Danielle Hanna

doi:10.1590/2179-8966/2020/49180

Deisy de Freitas Lima Ventura

Universidade de São Paulo, São Paulo, São Paulo, Brasil. E-mail: deisy.ventura@usp.br

https://orcid.org/0000-0001-8237-2470

Fernando Mussa Abujamra Aith

Universidade de São Paulo, São Paulo, São Paulo, Brasil. E-mail: fernando.aith@usp.br

https://orcid.org/0000-0003-1971-9130

Danielle Hanna Rached

Fundação Getúlio Vargas, Rio de Janeiro, Rio de Janeiro, Brasil. E-mail: danielle.rached@fgv.br

https://orcid.org/0000-0002-6759-3459

Tradução realizada pelos próprios autores.

Deisy de Freitas Lima Ventura

Universidade de São Paulo, São Paulo, São Paulo, Brasil. E-mail: deisy.ventura@usp.br

Fernando Mussa Abujamra Aith

Universidade de São Paulo, São Paulo, São Paulo, Brasil. E-mail: fernando.aith@usp.br

Danielle Hanna Rached

Fundação Getúlio Vargas, Rio de Janeiro, Rio de Janeiro, Brasil. E-mail: danielle.rached@fgv.br

The authors contributed equally to the writing of the article.

Normative Resolution 387, of October 28, 2015	Provides for the List of Procedures and Events in Health within the scope of Supplementary Health, to regulate mandatory coverage and the use of diagnostic tests for infection by the Zika virus (Amended by RN nº 407, of June 3, 2016, and revoked by RN 428, of 11/7/2017)
Ordinance No. 2,121, of December 18, 2015	Amends Annex I of Ordinance No. 2,488 / GM / MS of October 21, 2011 [which approves the National Primary Care Policy], to reinforce actions aimed at controlling and reducing health risks by Primary Care Teams.
Decree No. 8,612, of December 21, 2015	Institutes the National Coordination and Control Room, to face Dengue, Chikungunya Virus and Zika Virus (Revoked by Decree No. 10,087, 2019)
Provisional Measure No. 712, of January 29, 2016 Converted into Law No. 13,301, of 2016	Provides for the adoption of health surveillance measures when the situation of imminent danger to public health is verified by the presence of the mosquito transmitting the Dengue Virus, the Chikungunya Virus and the Zika Virus is authorized to determine and execute the necessary measures to control the diseases caused by the aforementioned viruses, under the terms of Law 8,080, of September 19, 1990, and other applicable rules [SUS authorities may determine and implement measures to contain diseases related to the aforementioned viruses, including forced entry into public and private properties , in the event of a situation of abandonment or absence of a person who can allow access by a public agent, regularly appointed and identified]
Decree No. 8,662, of February 1, 2016	Provides for the adoption of routine measures for the prevention and elimination of outbreaks of the Aedes aegypti mosquito, within the organs and entities of the federal Executive Branch, and creates the Articulation and Monitoring Committee of the mobilization actions for the prevention and elimination of outbreaks of the mosquito Aedes aegypti (Revoked by Decree No. 10,179, 2019)
Ordinance No. 1,046, of May 20, 2016	Establishes the National Network of Experts on Zika and related diseases (RENEZIKA)
Ordinance No. 204, of February 17, 2016	Defines the National Compulsory Notification List of diseases, conditions and public health events in public and private health services throughout the national territory, in accordance with the annex, and provides other measures [makes notification of Zika virus disease and deaths mandatory resulting from it]
Provisional Measure No. 716, of March 11, 2016 Converted into Law No. 13,310, of July 7, 2016	Opens extraordinary credit, in favor of the Ministries of Science, Technology and Innovation, Defense and Social Development and Fight against Hunger, in the amount of R $ 420,000,000.00, for the purposes specified [combating microcephaly and the Aedes mosquito]
Interministerial Ordinance / Ministry of Social and Agrarian Development (MDS) No. 405 of March 15, 2016	Institutes, within the scope of SUS and the Unified Social Assistance System (SUAS), the Rapid Action Strategy for Strengthening Health Care and Social Protection for Children with Microcephaly - Extended by Ordinance Interministerial MS / MDS no. 1,115 on June 3, 2016
Ordinance No. 58, of June 3, 2016	Provides for articulated actions of the Social Assistance and Social Security networks in the care of children with microcephaly for access to the Continued Social Assistance Benefit - BPC
Ministry of Cities Ordinance No. 321, of July 14, 2016	Redraws the Instructions Manual for selection of beneficiaries within the scope of the Minha Casa, Minha Vida Program [families with microcephaly exempt from the draw for the program]
Ordinance No. 1,682, of July 30, 2017	Declaring the closure of PHENI due to a change in the pattern of microcephaly occurrence in Brazil and disabling the Center for Emergency Operations in Public Health (COES)

Measure		Definition ⁵⁶ 56 By virtue of art. 2 of Law 13,979 / 20, the definitions established by art. 1 of the IHR are applicable to it “as appropriate”.	Competent authorities⁵⁷ 57 See. art. 3°§§ 5 a 7 da Lei 13,979/20.
I - Isolation		Separation of sick or contaminated persons, or luggage, means of transport, goods or affected postal parcels, [or] from others, in order to avoid contamination or the spread of the coronavirus (art. 2.1 Law 13,979 / 20)	- Act of the Minister of State for Health provides for applicable conditions and deadlines - Can be applied by the Ministry of Health (MH) and by local health managers, as long as authorized by the MH
II - Quarantine		Restriction of activities or separation of persons suspected of being infected by persons who are not sick, or of luggage, containers, animals, means of transport or goods suspected of being contaminated, in order to avoid possible contamination or the spread of the coronavirus (art. 2.2 Law 13,979 / 2020)
III -Determination of the compulsory performance of	a) Medical examinations	means the preliminary assessment of a person by an authorized health worker or by a person under the direct supervision of the competent authority, to determine the person’s health status and potential public health risk to others, and may include the scrutiny of health documents, and a physical examination when justified by the circumstances of the individual case; (Art. 1 IHR)	- MH - Local health managers
III -Determination of the compulsory performance of	b) Laboratory tests c) Collection of clinical samples d) Vaccination and other prophylactic measures e) Specific medical treatments	There is not	- MH - Local health managers
IV - Epidemiological study or investigation		There is not	- MH - Local health managers
V - Exhumation, necropsy, cremation and corpse management		There is not	MH and local health managers, as long as authorized by the MH
VI - Exceptional and temporary restriction on entering and leaving the country, according to the technical and reasoned recommendation of the National Health Surveillance Agency (Anvisa), by highways, ports or airports		“departure” means, for persons, baggage, cargo, conveyances or goods, the act of leaving a territory; “port” means a seaport or a port on an inland body of water where ships on an international voyage arrive or depart; “airport” means any airport where international flights arrive or depart; (art. 1° IHR)	- It should be regulated by a joint act of the Ministers of State for Health and the Minister of State for Justice and Public Security - Can be applied by the MH and by local health managers, as long as authorized by the MH
VII - Requisition of goods and services from natural and legal persons, in which case the subsequent payment of fair compensation will be guaranteed			- MH - Local health managers
VIII - Exceptional and temporary authorization for the import of products subject to health surveillance without registration with Anvisa, provided that they are registered by a foreign health authority; and foreseen by the MH			- Act of the Minister of State for Health grants authorization - Can be applied by MH and local health managers, as long as authorized by the MH

Art. 1°	Inclusion of the expression “responsible for the 2019 outbreak” to qualify the public health emergency initially referred to only as “due to the coronavirus”
Art. 1°	Addition of §3 to limit the maximum period of validity of the law to the duration of PHEIC declared by WHO
Art. 3° VI	Addition of the need for a “technical and reasoned recommendation by ANVISA” to guide the eventual exceptional and temporary restriction of entry and exit from the country
Art. 3° §2° I	Inclusion of family assistance as a guarantee to people affected by the measures provided for in the law, through regulation
Art. 3° §2°	Addition of item III to assure affected persons “full respect for the dignity, human rights and fundamental freedoms of persons, as recommended by Article 3 of the IHR”
Art. 4°	Addition of § 2 ° to give greater transparency and publicity to the contracts and acquisitions made by exemption from bid requirements: “All contracts or acquisitions carried out under this Act will be immediately available on a specific official website on the world wide web (internet), containing, as appropriate, in addition to the information provided for in § 3 of art. 8 of Law No. 12,527, of November 18, 2011, the name of the contractor, the number of his registration with the Federal Revenue of Brazil, the contractual term, the amount and the respective contracting or acquisition process ”
Art. 5°	- Modification of the caput to replace the phrase “It is the duty of every natural person in Brazilian territory to immediately communicate to the health authorities of [I - possible contacts with infectious agents of the coronavirus; II - circulation in areas considered to be regions of contamination by the coronavirus] by the phrase: "Everyone will collaborate with the health authorities in the immediate communication of" - Suppression of item III, which required reporting to the health authorities of the “manifestation of symptoms considered characteristic of illness by the coronavirus”
Art. 6°	Addition of §2 °: “The Ministry of Health will keep public and updated data on confirmed, suspicious and investigating cases, related to the public health emergency situation, safeguarding the right to confidentiality of personal information”
Art. 8°	Inclusion to determine that the “Law will remain in force for the duration of the international emergency for the coronavirus responsible for the 2019 outbreak”

[1] Tradução realizada pelos próprios autores.

Decree nº 10.211, of January 30, 2020	Institutes the Interministerial Executive Group on Public Health Emergency of National and International Importance (GEI-PHEIC), revoking the Decree of December 6, 2010 that had the same object
Decree No. 10,212, of January 30, 2020	Implements the revised IHR text
Ordinance n. 188, of February 3, 2020	Declares Public Health Emergency of National Importance (PHENI) due to Human Infection with the new Coronavirus (2019-nCoV).
Decree No. 10,238, of February 11, 2020	Amends Decree nº 10.211, of January 30, 2020, which provides for the GEI-PHEIC, to include in its composition the Ministry of Foreign Affairs
Provisional Measure no. 922, of February 28, 2020	Amends Law No. 8,745, of December 9, 1993, which provides hiring for a fixed period of time to meet the temporary need for exceptional public interest, among others, including public health emergencies in the list of exceptional situations.

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The Emergency of the new Coronavirus and the “Quarantine Law” in Brazil

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