Can there be a curfew without a state of alarm?

For the first time in Spain, a permanent curfew has been applied as part of a state of alarm. Only once has this measure been applied in a democracy, on February 23 from 9:00 p.m. to 7:00 a.m. during the coup d’état. The coronavirus pandemic has forced our country to apply this nightly confinement, with few exceptions, for months. Each autonomous community applying its schedule, but all closing at night avoiding the mobility of its inhabitants. With the end of the state of alarm, the curfew disappears, although not in all communities. Without a state of alarm, there may be a curfew. Fundamental rights have been violated with the application of the state of alarm that allows depriving freedom of movement. to the Spanish. Each autonomous community has used this instrument to apply a curfew or nighttime confinement that will prevent the spread of the virus. On May 9, this measure ends, which not all communities want to eliminate, the Balearic Islands with an incidence rate per 100,000 inhabitants of 60 and the main activity tourism has decided to maintain the curfew. Until May 26, it will not be possible to circulate from 23:00 to 6:00. In order to apply this measure without a state of alarm, it has had to be approved by the higher court of this community. Following this regulation, it will be applied from May 9 for a few more days while waiting for the rate to be lower. Regions that want to follow the path of the Balearic Islands must comply with the Organic Law of Special Measures in Matter of Public Health of 1986 that allows to apply some restrictions.In this legal framework, it will be up to each court and the government of the autonomous communities to continue betting on the curfew or confinements to stop this pandemic. Some communities such as Catalonia have already decided that, for the moment, they will not apply the curfew. With an incidence rate of 200 throughout the community, it will try to reduce the number of people who meet to 6 and the capacity. Two of the measures that with the curfew imply the violation of fundamental rights. On May 9, a first step will be taken towards the return of normality. An end of the State of Alarm in which the violation of fundamental rights is supported will directly pass the responsibility of applying measures on its own to the autonomous communities.