Abstract

RUBIO-MEDINA, Edwin. Pandemic: Viral Risk Against the Contemporary Notion of Rule of Law. Opin. jurid. [online]. 2020, vol.19, n.spe40, pp.91-107.  Epub Sep 15, 2021. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v19n40a4.

This article is the result of a collective endeavor around the social, political and legal consequences that might arise from the actual pandemic caused by the COVID-19 disease. Thus, it is based on a medical vision that leads to explain the globally-spread pandemic. The article states that due to the neoliberal measures of these last years, many of the countries are not prepared for miti gating the impact of this crisis. For better understanding this phenomenon, this piece of work bio-politicizes the virus with the main argument of the dangers of the transit of law as a community representation to a privatistic approach (immunized). This would represent the affectation of fundamental rights such as health. The methodology employed for this endeavor consisted of collecting, analyzing and comparing some of the main academic positions surrounding the possible affectation caused by the COVID-19 disease, which charges against the concepts of State and law. In conclusion, this pandemic might negatively impact the already deteriorated fabric conformed by the relation between human being-community and State. Nonetheless, a re-orientation of the State and law models might constitute a type of cure against social immunization.

Keywords : pandemic; social immunization; coronavirus; State; law..

        · abstract in Spanish | Portuguese     · text in Spanish     · Spanish ( pdf )