Risks of Covid-19 pandemic on Democratic State of Law

Abstract

This article aims to analyze how the national emergency situation due to the serious crises in public health, caused by the pandemic COVID-19, caused the edition of normative acts by the different federative entities that violate the rules of competence as foreseen in the Constitution, exacerbating the regulatory power. It also analyzes the fact that such norms, which limit fundamental rights, cannot be used under the prism of formal or material legality, for the classification of criminal conducts, since criminal law, based on the principles of legality, closed typicality and excelpcionality, cannot serve normative acts that challenge normative acts that challege legal security and the democratic state of law. At the end of the analysis, it is concluded that there is an urgent need for such acts to be attacked by the available legal and constitucional instruments, in order to avoid a crises in safeguarding fundamental rights.