In a statement, the City Council of Nacozari de García announced that it “has reached an agreement to start with precautionary measures such as curfew with a schedule from 20:00 to 8:00, with the exception of workers.” This is an unconstitutional and unlawful act of authority, as no local authority can restrict, prohibit or punish people from leaving their homes whenever they wish. Regarding its effectiveness, it should be noted that the curfew has been in effect since the end of October, without the number of infections increasing further, which raises serious doubts about its effectiveness. But the question that arises in advance is: can it be effective? This is what the requirement of ideology means. As the Constitutional Court points out, the assessment of adequacy involves examining whether the measure is proportionate to the objective it pursues, that is to say: whether it can reasonably achieve the objective justifying its implementation. In my opinion, it is clear that the curfew is not. If a person is caught travelling in public or performing an act that constitutes a criminal offence, they risk being arrested, even though they may be subjected to lethal force. [12] Fernando de la Varga, president of the Association of Hoteliers of Castilla y León, on the Supreme Court`s decision on the curfew, set for 8 p.m. The curfew is a measure introduced under Guatemala`s Public Order Act, which is based on article 138 of the Political Constitution of the Republic. This paragraph refers to the restriction of constitutional rights in the event of invasion of territory, serious disturbance of public order, activities against the security of the State or public disaster. However, although this is not a reason for this appeal, the Supreme Court used this resolution to establish and defend its position that it considered curfews that other autonomous communities had already authorized until then to be legal in order to stop the fifth wave. In particular, the Supreme Court ruling referred to the restrictions on night migration approved in the Valencian Community, Catalonia and Cantabria.

These other regional administrations,” the resolution states, “based their demand for ratification of the measures on the data of the high incidence of the number of infected and their pressure on the health system, which the Canary Chamber lacks in this case.” It has been a year since January 2021, the president of the board of directors, Alfonso Fernández Mañueco, appeared in front of the media to announce that the curfew in the case of Castilla y León had been brought forward from 10 p.m. to 8 p.m. Then there was an avalanche of complaints from those who felt that a fundamental right had been curtailed without sufficient justification. Among the most heard voices were those of hoteliers who predicted that “measures were taken under the pretext of the pandemic, without making a difference in more lax communities”. Already in 2020, and following the appearance of the coronavirus-derived disease on Monday, March 16, the same day that classes in public and private educational institutions were canceled for the safety of citizens from the spread of the virus, the curfew was set between 22:00 and 04:00 for people under 24 and over 60 with a total of 6 hours. This was first monitored by the state armed forces in the urban area of Soacha,[20] and then replicated in the municipalities of the departments of Valle del Cauca and Antioquia in thirteen of its municipalities,[21] Cundinamarca,[22] and Magdalena,[23] which were eventually announced and supported by current President Iván Duque. [24] Therefore: is the curfew legal after the state of alert? No, because it is an exceptional measure that restricts fundamental rights. Of course, the autonomies that want to continue to have it will have to wait for what the higher courts decide. In the Dominican Republic, it has been dictated several times. For example, President Antonio Guzmán Fernández ordered a curfew in 1979 after Hurricane David by Executive Order 1132 of September 5, 1979. Similarly, on 22 September 1998, the then Dominican President, Leonel Fernández Reyna, by Decree No. 352-98, ordered this type of measure after Hurricane George passed through the country.

The recent curfew was imposed by President Danilo Medina by Decree No.