Abstract

VICHINKESKI-TEIXEIRA, Anderson  and  DA SILVA GOMES-CALDAS, Roberto Correia. Glocal/global governance Towards Democratic Normatization: the Need for Legitimacy in Compabilization of Pandemic Measures of Exception vs. Human Rights. Opin. jurid. [online]. 2020, vol.19, n.spe40, pp.393-419.  Epub Sep 21, 2021. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v19n40a19.

The fight against the COVID-19 pandemic put a series of emergency measures on the table of the governments of the States most affected by it, which, in the name of public health protection, raise serious doubts about its compatibility with the universal protection of human rights. Certain restrictive measures, by absolutely limiting very basic individual liberties, come to be interpreted as real constitutional exceptions. Trying to face the problem of an incompatibility from the point of view of social legitimacy between pandemic exceptional measures and the general protection of human rights, this research will seek to develop aspects related to the notion of democratic and deliberative glocal/global governance, above all as an instrument for the realization of a transnational constitutionalism in the creation of a "common right of cooperation” in Haberlesian terms. Methodologically, an analytical-descriptive approach, according to the deductive method and with the aid of bibliographic and documentary references, will be used when dealing with the notions of state of exception vs. human rights, risks and governance in the context of the current globalization, so that, in the end, the central hypothesis is developed through the articulation of such conceptual categories within a theoretical-constitutio nal and human rights transnational framework, aiming to outline the general characteristics of standardization of this democratic and deliberate glocal/ global governance, concluding by its need to legitimately overcome, with the dromocratic resources of concertation together with the legal systems of each State, the pandemic challenges created by the contemporary risk and information society.

Keywords : Democratic and deliberative glocal/global governance; transnational constitutionalism; pandemic exceptional measures; public health; human rights..

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