Fundamental Rights and unconstitutionality in a situation of crisis – regarding COVID-19 epidemic

Abstract

This paper analyses the constitutionality of the suspension and restrictions of fundamental rights that were operated in a state of emergency and during the epidemic crisis. It discusses what are the fundamental rights at stake and to what extent it was necessary to declare a state of emergency considering the rights that were suspended by the President of the Republic. More specifically, the question is answered whether the right not to be totally or partially deprived of liberty (involved in the issues of compulsory confinement and detention) is, among us, an absolute right or can be subject to weighting judgments. Finally, doubts regarding possible organic and formal unconstitutionalities regarding the performance of the President of the Republic and the Government during the crisis are considered.