The Incidence of the Coronavirus Pandemic in the Italian Constitutional System

• Autor(a) principal: Romboli, Roberto
• Data de Publicação: 2021
• Tipo de documento: Artigo
• Idioma: eng
• Título da fonte: Revista Brasileira de Estudos Políticos (Online)
• Texto Completo: https://pos.direito.ufmg.br/rbep/index.php/rbep/article/view/885
• topic: impatti sulla pandemia; stato di emergenza nazionale; diritti fondamentali; Costituzione italiana; pandemic impacts; state of national emergency; fundamental rights; Italian Constitution

The present article seeks to expose the problems arising from the normative acts adopted in Italy to deal with the Covid-19 health emergency, those pertinent to Constitutional principles. It is emphasized here that the Italian Constitution does not contain, unlike other experiences nearby, an exact definition of the state of emergency or exception, which allows an open reading of the taking of "measures necessary for the reestablishment of public order and safety" and of the suspension of the effectiveness of the fundamental rights provided for. We investigate the governing concepts for the declaration of the state of emergency and the interventions made at the level of the civil protection code by means of decree-laws. Thereby, the numerous measures of the state of emergency caused by the pandemic form the catch that gives rise to conflicts with fundamental rights, from the right to free movement or health to even political participation. Finally, it is highlighted that these infractions give rise to the recognition of minority agendas that had been neglected in society and that suffered aggravation due to the impacts of the health crisis, such as the situation of women, prisoners and foreigners.