3281
The Coronavirus pandemic poses an unprecedented situation of a true emergency due to a natural event in a country used to repeated economic and social emergencies, in fact, when the WHO declared the pandemic, Argentina was already in an economic emergency and expanded the health emergency resorting...
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| Formato: | Artículo publishedVersion |
| Lenguaje: | Español |
| Publicado: |
Universidad de Buenos Aires. Facultad de Derecho. Departamento de Publicaciones
2020
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| Acceso en línea: | http://www.derecho.uba.ar/publicaciones/pensar-en-derecho/revistas/16/la-emergencia-y-el-estado-constitucional-de-derecho.pdf http://repositoriouba.sisbi.uba.ar/gsdl/cgi-bin/library.cgi?a=d&c=pensar&cl=CL1&d=HWA_3281 https://repositoriouba.sisbi.uba.ar/gsdl/collect/pensar/index/assoc/HWA_3281.dir/3281.PDF |
| Aporte de: |
| Sumario: | The Coronavirus pandemic poses an unprecedented situation of a true emergency due to a natural event in a country used to repeated economic and social emergencies, in fact, when the WHO declared the pandemic, Argentina was already in an economic emergency and expanded the health emergency resorting to DNUs that are only now being reviewed by Congress. Former exception institutes such as the state of siege and federal intervention have contributed to rights violation and the concentration of power. It is necessary to overcome the "decisionist" discourse with a democratic attitude, considering the pandemic as a general problem and not an opportunity for Caesarism. This work aims to demonstrate the efficiency of the separation of powers and the search for consensus in efficient decisions, while respecting the leadership of the President and advocating for a space for greater consultation with all sectors. Likewise, the emergency institutes incorporated by the 1994 reform must comply with the constitutional procedures. |
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