Human Dignity and Social Rights in Pandemic: the State’s Prestational Duties and the Principle of Prohibition of Insufficient Protection

Abstract

In emergency situations, possibilities to relativize the principle of legality are sought, considering labor relations as a good that deserves to be preserved. The proposed problem is how and to what extent one should observe the principle of legality, guiding Government policies and the action of civil servants and law enforcement, in the case of emergence of an extraordinary situation. The objective of this research is to analyze which hermeneutic choice is appropriate to interpret the reality that arose with the pandemic (Covid-19) and to reflect on aspects involved in the case of weighing up principles that are extremely important for the Law, which serve as brakes and counterweights of state action, thus avoiding arbitrariness. The method adopted is the analytical one, with bibliographic and documentary review, mainly of texts of laws and normative acts. It is expected to demonstrate the importance and timeliness of the subject, while contributing to the sustainable solution proposal, which will respond to the proposed problem, pointing out the most important values to preserve. The conclusion is that the principle of prohibiting insufficient protection is a sign so the State considers its institutional task of ensuring social coexistence and the enjoyment of fundamental Rights by all citizens.