Responsabilidad jurídica entre contagiante y contagiado por SARS-CoV2 (covid-19)

Abstract

SARS-CoV-2 poses great challenges to the State, as it must rethink its organisation to respond to the direct and indirect effects of the virus' escalation, its burden of virulence and its physiopathology, as well as the probable death of those infected. The challenges also include defining the "terms of health policies and measures, [and] economic capacities" (Qaiyum et al., 2020; Resolution 1 of 2020, p. 3) that mitigate the transmission and spread by microdrops of saliva, aerosols and other means of transmission of "covid-19[,] [that is] transmitted mainly through person to person contact via respiratory droplet by coughing and sneezing" (Akin and Gözel, 2020, p. 517). In addition, there is a need to inform citizens efficiently, to provide a sense of security and to mitigate panic (Esquivel-Guadarrama, 2020), for example, with quality information to improve medical diagnostic and laboratory techniques, especially for the kind of disease that triggers SARS-CoV-2 (Jantchou et al., 2020). For this reason, the law should be alert to anti-legal damages arising from the pandemic, and liability should be reviewed on the basis of scientific criteria incorporated into the charge, which should be supported by verification of scientific validity to determine its legal validity (Villareal, 2019, pp. 185-190).