A restrição de direitos, liberdades e garantias por via regulamentar em contexto de pandemia

Abstract

The epidemic caused by the SARS-Cov-2 is an infectious disease that quickly spread around the globe, leading to the World Health Organization declaring the existence of a COVID-19 pandemic. It’s in this context that in March of 2020, the President of Portugal decreed a state of constitutional exception, under the guise of a state of emergency, which had not been used in the 44 year history of our Constitution. The dissertation we now present aims to explore and further add to the existing debate on the post state of emergency period and the legal and constitutional legitimacy of the Resolutions of the Council of Ministers that have been used to define the exceptional and temporary measures implemented to help mitigate the epidemiologic situation the country was facing. The way that the pandemic was handled caused a lot of worry, as there were many a violation of constitutional prescriptions. Those concerns seem further justified upon analysis of all the administrative resolutions that were issued within the context of the pandemic.

Date of Award	2 Feb 2023
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Luís Fábrica (Supervisor)