A constitucionalidade das medidas aplicadas ao enfrentamento da crise sanitária da COVID-19 à luz da ponderação alexyana

Abstract

This article aims to discuss whether the State can, in the context of the Coronavirus pandemic, impose certain restrictive obligations of rights that, if not complied with, will become administrative penalties or crimes. Therefore, the article will be developed through a qualitative examination, containing representative, and normative elements, through the use of the deductive method, in the sense that a general theory is applied to consider a particular case. Using other words, the technique of weighting values is applied to discover which one will preponder, according to the particularities of the concrete case. At the end, it is concluded, in accordance with the teachings of Robert Alexy, that the imposition of restrictive obligations of rights by the State is legitimate, because the protection of public health compensates the restrictions suffered by others colliding values.