SciELO - Scientific Electronic Library Online

vol.7 issue1Models of Emergency Powers in Constitutional LawThe implementation of the state of emergency and of the administrative calamity in the autonomous regions of Azores and Madeira: the case of the pandemic COVID-19 author indexsubject indexarticles search
Home Pagealphabetic serial listing  

Services on Demand




Related links

  • Have no similar articlesSimilars in SciELO


e-Pública: Revista Eletrónica de Direito Público

On-line version ISSN 2183-184X


LOMBA, Pedro. Constitution, state of emergency and public health Administration: some problems. e-Pública [online]. 2020, vol.7, n.1, pp.27-43. ISSN 2183-184X.

The consideration of emergency powers usually develops around recognized divisions between normality and suspension, legality and necesity or norm and exception. However, the peculiar characteristics of the emergency caused by the pandemic crisis of Covid-19, as seen by the impact and factual uncertainty of the health risks, impose a sequential approach to a dynamic crisis scenario, focused on the normative processes that have been sustaining the social confinement and deconfinement. It is, therefore, important to understand how, through the constitutional emergency, it was created an exceptional legal normativity oriented towards the confinement of people; and how that, once the constitutional emergency has expired, another exceptional legal normativity has been organized and implemented for the phase of gradual deconfinement of the same people. This contribution seeks to analyse some fundamental problems emerging from such relation.

Keywords : state of emergency; emergency normative power; public health Administration; fundamental rights.

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