Can authorities force people to leave their homes in emergency situations?

Can authorities force people to leave their homes in emergency situations?

The scenario repeats itself whenever there are floods, fires or other dangerous situations: there are evacuation orders on the ground, but there are residents who resist leaving their own homes, even in the face of risk. So, the question arises: how far does the power of the authorities go in an emergency situation? SIC Verifies.

As Storm Kristin passed through Portugal, floods, falling trees and landslides multiplied. As weather conditions worsened, several evacuations were carried out in different parts of the country out of precaution and safety concerns.

As is usual in these situations, images appeared on television of people refusing to leave their own homes, even in the face of danger.

Em admiral and former presidential candidate Henrique Gouveia e Melo stressed that “this storm is the equivalent of military actionmasss Armed Forces tmust comply with formalitiesbecause the law requires that they be complied withs”.

“Sometimes, [as pessoas] They ask what the soldiers are doing inside the barracks. Often complying with the law, because they cannot leave without order and without a mission”, he added Gouveia and Melo.

Can authorities force you to leave your home?

Under the Basic Civil Protection Law (), Article 11 stipulates that in alert, contingency or calamity situationstAll citizens and other private entities are obliged (…) to provider tos auCivil Protection torities personal collaboration whatever it is to them requiredarespecting the orders and guidelines addressed to them“.

Failure to comply with or refuse these orders may constitute a crime of disobedienceaccording to the same article.

In the case of simple disobedience, the law provides for “a prison sentence of up to one year or a fine of up to 120 days”, while qualified disobedience can be punished with a “prison sentence of up to two years or a fine of up to 240 days”, according to the ..

According to Article 46, it is considered Civil Protection agents:

  • Fire departments;
  • Security forces;
  • Armed Forces;
  • Ohbodies of the National Maritime Authority;
  • National Civil Aviation Authority;
  • INEM, IP, and other public entities providing health care;
  • Forest sappers.
  • Portuguese Red Cross in the fields of intervention, support, relief and health and social assistance.

SIC verifies that it is…

In situations of alert, contingency or calamity, Civil Protection authorities may, in fact, require citizens to leave their homes, and failure to comply with these orders may be considered a crime of disobedience.

Send us your questions and suggestions via Whatsapp – 925 325 121 – or email address sicverifica@sic.pt

source