LAS LIBERTADES INDIVIDUALES EN TIEMPO DE COVID-19

LA CONSTITUCIONALIDAD DE SU RESTRICCIÓN

Abstract

In this paper we want to analyze if the measures taken by the Argentine government to mitigate the consequences on the health of the pandemic pass, in the abstract, the test of constitutionality. To this end, the situation of civil liberties of art. 14 of the National Constitution, thus, for example, the right of free movement. First, the text will address whether these rights are restrictible. In this, they will be interpreted in the light of Robert Alexy's "Theory of Rights as Principles". This idea implies that the measures that limit these rights, to be constitutional, must pass the proportionality control. For this reason, the budgets of this control will be analyzed. To conclude, it will be considered, in view of the above, if the decrees of necessity and urgency were the ideal measures to manage the specific health emergency of the coronavirus in the country.