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 are sought to relativize the principle of legality, considering labor relations as a good that deserves to be preserved. The proposed problem is how and to what extent the principle of legality should be observed, which guides government policies and the actions of public servants and those responsible for enforcing the law, resulting in an extraordinary situation. The objective of this research is to analyze which hermeneutical option is adequate to interpret the reality that arose with the pandemic (Covid-19) and to reflect on aspects involved in the weighting of very important principles for the law, which are beacons and also serve. as checks and balances for state action, avoiding arbitration. 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 issue, as well as to contribute to the proposal for a sustainable solution that responds to the proposed problem, pointing out the most important values to preserve. The conclusion is that the principle of prohibition of insufficient protection appears as a guideline, so the State considers its institutional mission to guarantee social coexistence and the enjoyment of fundamental rights for all citizens.