The legal management of the Covid-19 pandemic

(A PROPÓSITO DE SU INSERCIÓN EN EL ESTADO SOCIAL Y CONSTITUCIONAL DE DERECHO)

Abstract

This work addresses the link between the rules issued during the pandemic unleashed by COVID-19 with the conception and tasks that every Social and Constitutional State of Law, such as the Argentine one, must fulfill. For this, an evolution of the notion of the modern State is traced, starting from the French Revolution and according to its versions: Liberal, Benefactor and Neoliberal, essentially, until reaching the current stage marked by the recognition and realization of Human Rights entrusted by the Post-war Constitutions to the States, within the context of Globalization. The proportionality of the Decrees of Necessity and Urgency issued during the health emergency is also analyzed, in light of the postulates of the theory of argumentation and even within the doctrine of the Supreme Court itself.