THE SANITARY MEASURE OF SOCIAL DISTANCING: REFLECTIONS ON THE EFFECTIVENESS OF FUNDAMENTAL RIGHTS

Resumo

Contextualization. The pandemic, understood as an expansion in the world of an epidemiological process once located that has become uncontrolled, has been causing a worldwide change in human habits in every sense of existence.

Objective. The objective of this article is to analyze the restrictive sanitary measure of social distance, edited by the Ministry of Health as a form of prevention and epidemiological control of COVID-19 and its reflexes regarding the intensity in the sense of horizontal effectiveness of fundamental rights to health and freedom individual and economical.

Method. The research will be analyzed through bibliographic research.

Results. The measure of social distance, although formally illegal and unconstitutional, can be considered materially constitutional as the only restrictive non-pharmacological sanitary measure useful to guarantee the reduction of epidemiological risk in order to guarantee both the right to health on an individual and collective basis and to ensure a minimum realization of the right to individual and economic freedom, even in its most severe version of total blockade or lockdown.

Conclusions. From the study it is concluded that there is a horizontal effectiveness of fundamental rights both to individual and economic freedom and to the right to health, when considered the restrictive sanitary measure of social distance.