The Decree 531 of 2020 repeals the Decree 457 of 2020. While both decrees, in their article 3, were intended to provide exceptions to the freedom of movement for certain persons or regarding certain activities, Decree 531 extended these exceptions.
Therefore, by means of Circular 4009 of 2020, the Vice-Minister of Energy takes up the arguments set forth in Circular 4007 of 2020, with the difference that now these considerations are based on numeral 28 of the article of Decree 531 of 2020.
Therefore, the activities that continue to be excepted are those which are necessary to ensure the operation, maintenance, storage and supply of the provision of
i. Public services of water, sewage, electric energy, public lighting, sanitation (collection, transport, use and final disposal, including biological or sanitary waste).
ii. Of the logistic chain of inputs, supplies for the production, supply, import, export and supply of hydrocarbons, liquid fuels, biofuels, natural gas, Liquefied Petroleum Gas – LPG.
iii. From a logistic chain of inputs, supplies for the protection, sourcing, import, export and supply of minerals
iv. Internet and telephone service.
Regarding the considerations of this numeral, it should be noted that all the activities and personnel related to the continuity in the provision of public services associated to the Energy Sector, including the production chain necessary for its proper provision and the input and supply chain, are considered included.
However, the following changes were found in numeral f, which now states the following:
f. The transfer and transportation of personnel that is indispensable for maintaining the continuous operation of infrastructure and the development of projects under execution associated with the electricity sector (construction, assembly of equipment, lines, etc.) that, because of their nature and importance for the operation and commissioning, cannot be stopped during the measure or activities that are indispensable for maintaining the integrity and normal continuity of the provision of the public service in question.
Therefore, the activities and development of those infrastructure projects in the electricity sector were included as excepted by Circular 4009 of 2020. This means that those infrastructure development or construction projects which are important for operation and commissioning of the public utilities cannot be stopped during the mandatory isolation measures.
Finally, it is established that the personnel invoked by this Circular is that which is strictly necessary to carry out these activities.