Legitimacy of the restrictions to fundamental rights under the sanitary emergency decreed by COVID-19

Abstract

This document compiles the research results achieved in the framework of the research project entitled "Legitimacy of the restrictions to fundamental rights under the sanitary emergency decreed by the Colombian state, motivated in the COVID-19". The legitimacy of the imposition of the measure of "Mandatory preventive isolation" was analyzed, especially in relation to the rights to work and freedom of movement, and it was found to be in accordance with the proportionality test used in the constitutional jurisdiction to assess whether or not the limitation of fundamental rights is justified in specific circumstances; In addition, the situation studied exemplified, with a real case, the unlimited scope that the ordinary regulation of police power, police function and police activity grants to the authorities empowered to exercise it, which is inconsistent with the normative and principled configuration of the Colombian State. This is a legal research, of qualitative nature, whose research method was the interpretative analytical one, and which used as instruments of information gathering the normative and jurisprudential review form, and the bibliographic compilation form.