BRAZIL
/The following information has been collected and collated by convergence consulting in collaboration with our in-country Global Alliance Partner. Please let us know if you have additional questions by emailing us at COVID-19@cc-global.com.
1. Does your country’s health authority have guidelines or requirements for when COVID-19 cases are classified work-related and reported as a workplace illness?
If the origin of COVID-19 infection was at work, it will be considered as an occupational issue when there is evidence (art. 29). More information and specific information on how the evidence is linked can be found at the following website: http://www.planalto.gov.br/ccivil_03/_ato2019-2022/2020/Mpv/mpv927.htm
Provisional Measure N°927 issued 22 March 2020 by the President of Brazil determined occupational measures to deal with the public emergency as recognized by the Legislative Decree N°6/2020 and the public health emergency. This legal act established that, during this public emergency, the obligation of performing occupational medical exams (clinical and complementary) is suspended within the workplace (art. 15).
The exams will be carried out during 60 days after the closure of the state of public emergency. In the case of the occupational physician considers that the extension represents a health risk for the employee, the physician will recommend to the employer the need to performing exams (art. 15 § 1 and 2).
2. Is there information on the timing of “return to work” and the process for a worker to return, i.e. examination by a physician, or a negative COVID test?
There is no formal process for “return to work” at the present time. Federal law N°13979 issued February 6, 2020, which established measures to deal with the public health emergency due to coronavirus, did not determine a deadline to withdraw the emergency measures. Art. 8 of this law stated that it will be in force while the state of health emergency lasts.
The Provisional Measure N°936 issued April 1, 2020 by the President of Brazil established the Emergency Program to maintain jobs and income during the public state of emergency. Measures include the reduction of 25%, 50% and up to 70% of the working time and salary during three months (90 days) by agreement between workers and employers. For specific program guidelines visit: http://www.planalto.gov.br/ccivil_03/_ato2019-2022/2020/mpv/mpv936.ht
Additionally, Message N°93 (Brazilian Republic Presidency) of March 18, 2020, related to the economic and social impact of the coronavirus pandemic, recognized that the public emergency - will likely be in effect until December 31, 2020.
3. Does your country’s health authority have COVID-19 mitigation guidelines for the public and/or for business? If so, please list them below and how long they will be in place.
The regulation for the flexibilization of Coronavirus lockdown in Rio de Janeiro State was promulgated June 05, 2020 through Decree N°47112 by the State Governor. According to this, from June 06, 2020, the partial reopening of restaurants, shopping center, touristic points, some sport activities, etc. has been approved. The sanitary restricted measures to reopening any of these places are still mandatory, such as, use of face protection masks, providing alcohol 70% and the limit of 50% of their capacity. Some commercial and industrial activities can be reopening in specific work schedule, according to Annexes I to IV in order to avoid agglomerations.
Article 5 determined the suspension of activities like public events (on-site classes, parties, sport events, shows, etc.) until June 21, 2020.
Information can be accessed at:
https://coronavirus.rj.gov.br/decreto-flexibiliza-reabertura-gradual-da-economia-fluminense/
https://www.contabeis.com.br/legislacao/5902320/decreto-47112-2020/
Ordinance N°188 was issued on February 3, 2020 by the Ministry of Health. This Ordinance established - under the responsibility of Health Surveillance Secretary (art. 2) - the Public Health Emergency Operations Center (COE) as a national mechanism of coordinated management of the emergencies. The COE must plan, organize, coordinate and control the Ministry of Health measures; including being in contact with the health system of states and municipalities and, disseminate coronavirus related information to the general population, among others (art. 3).
Law N°13979 issued February 6, 2020 determines that to deal with the public health emergency due to coronavirus, the authorities can organize and ensure, among others, the following measures:
Isolation;
Quarantine;
Compulsory medical exams and testing;
Corpse handling;
Epidemiological investigation; and
Temporal restrictions in ports, airports and highways recommended by the National Sanitary Surveillance Agency (art.3).
According to this law, the conditions and deadline of these measures will be determined by the Ministry of Health. The list of guidelines and updated deadlines can be found at:
http://www.planalto.gov.br/ccivil_03/_ato2019-2022/2020/lei/L13979.htm
Ordinance N°356 issued March 11, 2020 established Law N°13979 regarding the isolation and quarantine measures, including associated conditions and responsibilities. Specific information about isolation, quarantine and related roles and responsibilities can be found at: http://www.in.gov.br/web/dou/-/portaria-n-356-de-11-de-marco-de-2020-247538346
Ordinance N°454 issued March 20, 2020 by the Ministry of Health, deals with the community transmission of coronavirus (COVID-19). It presents measures for transmissibility containment, such as the following:
14 days home isolation for a person with respiratory symptoms and also persons who live together even if they are asymptomatic (art.2); and
Persons older than 60 years old must comply with the social distancing and reduce activities, avoiding public transportation, sporting and other events (art.4).
Specific information about social distancing and older adults can be found at: http://www.in.gov.br/en/web/dou/-/portaria-n-454-de-20-de-marco-de-2020-249091587
Circular Office SEI N°1088/2020 issued March 27, 2020 by the Ministry of Economy provides general guidance to workers and employers in order to prevent/reduce the COVID-19 contagion and maintain job and economic activity. Hygiene and other good behaviour practices are recommended, including:
Protocols for identifying workers suspected of being contaminated with COVID-19;
Prevention measures of hand washing and/or the use of alcohol (70%) hand sanitizers;
Maintaining a safe distance between workers;
Avoiding crowds at work;
Cleaning and disinfecting of workplaces and common areas;
Promoting teleworking and videoconferences, mainly for workers older than 60 years of age.
4. Which governmental authority issued these guidelines, and are they voluntary or mandatory?
These guidelines were issued by the Presidency of Brazil, the Ministry of Health and the Ministry of Economy and they are mandatory.
5. Do these mitigation measures have any consequence, such as, if a person does not abide by these measures must they pay a fine or go to jail?
According to the Law N°13979 issued February 6, 2020 mentioned above, non-compliance will result in accountability, under the terms foreseen in the law.
The attribution to implement and inspecting COVID-19 prevention measures is a legal responsibility of each State and also the Municipalities, based on Ministry of Health guidelines. Most of them have been enacted recently in few states/municipalities. Some of them are as follows:
São Paulo State Decree N°64959 issued May 4, 2020 established the general and obligated use of facial protective masks regarding the COVID-19 pandemic situation. Penalties are determined according to State Sanitary Code (State Law N°10083/1998); some of the penalties are fines from R$276 to R$276,000 (equivalent approx. to US$46 to US$4,600).
Federal District (Brasilia) Law N°6559 issued April 23, 2020 established the mandatory use of masks in public installations. This Law takes effect within 72 hours after its publication. Penalties can be around R$2,000 (approx. US$343).
Some of the municipalities in Espiritu Santo State such as, Mimoso do Sul and Presidente Kennedy defined penalties for not following the mandatory use of facial masks. Fines can be around R$100 (approx. US$17).
Ordinance N°356 issued March 11, 2020 determined that the non-compliance of isolation and quarantine measures will result in accountability, under the terms foreseen in the law (art. 5).
6. Has your country adopted any laws or regulations related to COVID-19?
Besides the regulations mentioned above, the Ministry of Woman, Family and Human Rights has several guidelines such as the following:
Women and COVID-1
How to speak with children and teenagers regarding coronavirus.
Persons with disabilities and rare diseases and COVID-19.
Recommendations for professionals that attend these persons (e.g. carers).
Orientation to help immigrants on coronavirus, in three languages.
Human Rights of Brazilians abroad in the context of pandemic.
The Ministry of Woman, Family and Human Rights has also issued the Technical Note N°5/2020/CGRIS/DEPEDH/SNPG/MMFDH with general guidelines for the emergency attendance to the homeless population in the context of the COVID-19 pandemic. Guidelines for attending to homeless citizens can be found at: http://www.cfess.org.br/arquivos/mdh-notatecnica2020.pdf
There is an extensive list of Ordinances published by the Ministry of Health related to COVID-19, last updated April 30, 2020. Many different topics such as; resources, services, pharmaceuticals importation, hospital availability, respirators, PPE, etc. are covered on the following website: https://portalarquivos.saude.gov.br/images/pdf/2020/April/30/30.04.2020_Portarias%20publicadas%20sobre%20COVID_com%20edicao.pdf
The data presented here is not a complete analysis of all COVID-19 information; however, our in-country Partner will provide updates as and when considered appropriate and as relevant data becomes available. If you have any additional questions, or request for country information, please email us at COVID-19@cc-global.com with additional inquiries.
