By Israel Cruz

Decree 10.282[1] published in an extraordinary gazette on 03/20/2020, established the essential activities as provided for in Law No. 13,979 of 2020, which provided for measures to address the public health emergency of international importance resulting from the coronavirus.

Under the terms of its article 3, it defined that public services and essential activities are those that are indispensable to meeting the community's urgent needs, considered as those that, if not met, endanger the survival, health or safety of the population.

 Thus, the list of activities transcribed below was established:

I – health care, including medical and hospital services;

II – social assistance and care for the vulnerable population;

III – public and private security activities, including surveillance, guarding and custody of prisoners;

IV – national defense and civil defense activities;

V – intermunicipal, interstate and international passenger transport and passenger transport by taxi or app;

VI – telecommunications and internet;

VII – call center service;

VIII – water collection, treatment and distribution;

IX – collection and treatment of sewage and garbage;

X – generation, transmission and distribution of electricity and gas;

XI – public lighting;

XII – production, distribution, marketing and delivery, carried out in person or through electronic commerce, of health, hygiene, food and beverage products;

XIII – funeral services;

XIV – storage, use and control of radioactive substances, equipment and nuclear materials;

XV – sanitary and phytosanitary surveillance and certifications;

XVI – prevention, control and eradication of plant pests and animal diseases;

XVII – inspection of food, products and derivatives of animal and vegetable origin;

XVIII – international agricultural surveillance;

XIX – air, water or land traffic control;

XX – bank clearing, credit and debit card networks, electronic bank tellers and other non-face-to-face services of financial institutions;

XXI – postal services;

XXII – transportation and delivery of cargo in general;

XXIII – services related to information technology and data processing (data center) to support other activities provided for in this Decree;

XXIV – tax and customs inspection;

XXV – transportation of cash;

XXVI – environmental inspection;

XXVII – production, distribution and marketing of fuels and derivatives;

XXVIII – monitoring of constructions and dams that may pose a safety risk;

XXIX – collection and analysis of geological data with a view to ensuring collective security, notably through warnings of natural risks and floods;

XXX – capital and insurance markets;

XXXI – care of animals in captivity;

XXXII – advisory activities in response to ongoing and urgent demands;

XXXIII – medical-expert activities related to the general social security and social assistance regime;

XXXIV – medical-expert activities related to the characterization of the physical, mental, intellectual or sensory impairment of the person with a disability, through the integration of multidisciplinary and interdisciplinary teams, for the purpose of recognizing rights provided for by law, in particular in Law No. 13,146, of July 6, 2015 – Statute of the Person with a Disability; and

XXXV – other medical-expert services of the Federal Medical Expert career essential to meeting the community’s urgent needs.

• 2nd Ancillary activities, support activities and the provision of inputs necessary for the production chain related to the exercise and functioning of public services and essential activities are also considered essential.

Thus, the decree in question, in terms of its §3 of article 3, prevents the restriction of workers from these activities, as well as from loads that may lead to shortages of necessary goods.

Therefore, if an order to close establishments is issued, the above activities must be maintained, except in the case of a new decree or law that establishes the review or exclusion of these as essential activities.

[1] Decree 10,292, available on 03/22/202, at the address: http://www.planalto.gov.br/ccivil_03/_Ato2019-2022/2020/Decreto/D10282.htm