As restrições dos direitos fundamentais: de que forma os direitos e garantias individuais foram assegurados no contexto da pandemia da COVID-19

Abstract

The aim of this study is to analyze the possibilities of restrictions of fundamental rights and guarantees in the scenario of the Covid-19 pandemic, in order to understand the legality and necessity of these measures implemented in order to contain the virus, as well as to analyze the collisions of fundamental rights caused by this atypical situation, observing the fact that these rights are not absolute and are subject to the principle of proportionality whose study of their forms implementation occurred in a scenario of abnormality. The main objective of the project is to research and analyze restrictions on fundamental rights in the context of the Covid-19 pandemic. The specific objectives were researched on the possibilities of restrictions on fundamental rights and guarantees within the national legal system; it was clarified about the state's action and interference in the private life of the citizen in the pandemic context and also conceived the Institutes of State of Sítio, State of Defense as well as state of emergency of public health. The study was carried out through bibliographic and documentary research. Books and articles by national and foreign jurists, academic papers, theses and dissertations as well as judicial decisions were consulted, without forgetting the study of Brazilian legislation on the subject. Therefore, the State was challenged to interfere in society in order to ensure greater effectiveness to the rights and guarantees positive constitutionally.