Covid-19 pandemic an the human rights violation in brazil by unconstitutionality state and municipal decrees

• Autor(a) principal: Borges de Oliveira, Emerson Ademir
• Data de Publicação: 2023
• Outros Autores: Dias, Jefferson Aparecido
• Tipo de documento: Artigo
• Idioma: eng
• Título da fonte: Revista Espaço Jurídico/Espaço Jurídico Journal of Law
• Texto Completo: https://periodicos.unoesc.edu.br/espacojuridico/article/view/32534
• topic: biopower; unconstitutionalities; Covid-19; limitation of rights; deference; biopoder; inconstitucionalidades; Covid-19; limitação de direitos; deferência

The aim of this paper is a study on Covid-19 pandemic and restrictions that came along. With restrictions, violations. The principle of legality, the basic historical construction of the rule of law, had been solemnly and repeatedly vilified and carried with it many constitutional rights and principles, which, more than indispensable for us, are so on a universal level, such as the restless go and come and exercise economic activity. Under the auspices of teratological decrees, of congenital malformation, our rights were restricted. But what is worse: often under the parsimonious eye of those who should be keeping the Constitution. Is it deference to the political propaganda pieces, based on biopower, that invade the everyday? Is it a fear of contributing to health discouragement, justifying non-legality? In this paper, more than addressing the unconstitutionality of restrictions, we propose to discuss the reasons for this passivity and acceptance. Methodologically, we use inductive guidance, choosing some characteristics as a starting point to build a broader conclusion, using a wide bibliographic and jurisprudential review.