PANDEMIA Y DIVISIÓN DE PODERES

A PROPÓSITO DE LOS DNU DICTADOS POR EL PEN EN EL MARCO DE LA EMERGENCIA SANITARIA DESATADA POR EL NUEVO CORONAVIRUS, COVID-19

Abstract

The pandemic unleashed by the COVID-19 that plagues us is, by the way, an unlucky and unexpected manifestation of the phenomenon of Globalization, which, until now, had only been focused on and analyzed from its economic, legal, social or cultural aspects, without foreseeing the possible "globalization" of this disease about which little is known and much is unknown and which, in an interdependent and interconnected world, has spread over almost all the countries on Earth, generating an unprecedented situation in history of Humanity, with unpredictable effects and consequences to date. To address the issue that motivates these lines, it seems necessary to clarify, a priori, what principle of division of powers is intended to allude to, when its current or potential breach is alleged and, in any case, if the premise from which it starts to reaching that conclusion is still validly acceptable. In our legal reality, it has caused the issuance of a series of DNUs that are members of what we have called "Plexus COVID-19”, which have restricted a series of fundamental rights in order to preserve the life and health of the inhabitants of our territory. We believe and hope that the evolution of the disease will gradually allow economic conditions to recover with measures aimed at reactivating the variables. The company will certainly not be easy. But the dilemma between life and health, on the one hand, and the economy on the other, is not iron and has an undoubted response in all Social and Constitutional States of Law. The dictation of the DNU during the pandemic does not, therefore, presuppose a "State of exception" that preludes the implementation of authoritarian or dictatorial practices, nor does it break the principle of division of powers resignified (or updated) focused from a systemic perspective inherent to the model of statehood that, like the vast majority of Western countries, we have embraced.