Afectación del derecho a la libertad de locomoción en tiempo de pandemia; un análisis desde la legislación nacional.

Abstract

Among the great challenges that most countries in the world have faced caused by the appearance of the COVID-19 pandemic, which began at the beginning of 2020 in Wuhan, China; It is undoubtedly the issue of managing public order as a firm purpose that allows avoiding the greatest possible number of infections. To this end, governments have implemented policies and strategies in order to reduce the spread of the disease in the community; One of these strategies consists of the confinement of the inhabitants, avoiding their movement between cities, restrictions on certain types of entities, bars, nightclubs, among others. To achieve the above, the issuance of administrative acts from the central and territorial level has been required, with two fundamental purposes; on the one hand, to guarantee fundamental rights such as life and health and on the other, to provide guarantees that allow unemployment and informality rates not to rise in the short and medium term. The issuance of the normative acquis regarding the confinement measures to avoid contagion generated discrepancies in the citizenry and in many cases, they were not clearly accepted by the community, generating chaos within society. Civil disobedience led to the imposition of subpoena orders by the national police, sanctioning citizens who failed to comply with the regulations issued, generating with this an economic aggravation of the community due to lack of income, which has deepened the crisis leading to the majority of people to a state of vulnerability.