Pandemic emergency blind to constitution
The “state of emergency” decreed by the Government due to the pandemic is not only confusing, but it is not clearly defined in the law. But, undoubtedly, it served to restrict freedoms and, in some cases, abusively. The Constitution defines a “state of emergency”, but it can only be declared in the event of a foreign war or disturbance that threatens peace and public order, in which case, fundamental guarantees can be temporarily suspended. But the “state of emergency” -the invention of the Executive- was instrumental in restricting individual mobility through curfews, ordered from Executive Decree 490 of March 2020, and that the Supreme Court ruled that it did not violate the Constitution. The Vice President of the Republic defended the invention when he said that the Government decreed a state of emergency, but not an emergency, so as not to restrict fundamental guarantees, such as the right to property. But that declaration allowed, in fact, to suspend article 27 of the Constitution: “Everyone can move freely through the national territory […] with no limitations other than those imposed by law …” The vice president and the Court chose to be blind before what everyone suffered LA PRENSA, Apl. 17