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Latin / Central and South America
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Latin America
Acacio, Igor, Anaís M Passos and David Pion-Berlin, ‘Military Responses to the COVID-19 Pandemic Crisis in Latin America: Military Presence, Autonomy, and Human Rights Violations’ (2023) 49(2) Armed Forces & Society 372–394 Abstract: The military in Latin America has been extensively involved in pandemic relief operations. This paper analyses the impact of militarization of pandemic relief operations on human rights. It argues that not all militarization is equally harmful to individuals in the region. When troops assume responsibilities regarding medical care and logistical support, human rights violations do not follow. When involved in policing the stay-at-home orders, the extent of human rights violations is explained by the level of operational autonomy the military has in public security operations. The more autonomous the military, more likely abuses are to occur. Additionally, military exposure to judicial prosecution for human rights offenses contributes to the explanation. After gathering original empirical evidence from 14 Latin American democracies on military presence in pandemic relief, we draw our inferences from process tracing on four comparative case studies of Argentina, Brazil, Chile, and El Salvador.
Acosta, Diego and Leiza Brumat, ‘Political and Legal Responses to Human Mobility in South America in the Context of the Covid-19 Crisis. More Fuel for the Fire?’ (2020) 2 Frontiers in Human Dynamics Article 592196 Abstract: During the XXI century, South America has been the epicentre of vibrant discussions on human mobility. A new vocabulary emerged with legal principles such as the non-criminalization of irregular migration or the right to migrate as a fundamental right taking central stage. The combination of the arrival of COVID-19 together with the important emigration of Venezuelans in the region, as well as economic and political crisis are putting into question some of these advances and present a complex scenario of migration governance in the region for the years to come.
Alanoca, Sacha et al, ‘Digital Contact Tracing against COVID-19: A Governance Framework to Build Trust’ (2021) 11(1) International Data Privacy Law 3–17 Key Points: Countries around the world are confronted with an unprecedented health crisis, raising complex social, economical, and ethical challenges. To mitigate the spread of COVID-19, and as a way to transition out of complete lockdown, several Latin American countries have deployed or are considering deploying digital contact tracing applications.However, worldwide concerns have been raised over the widespread and generalized adoption of digital contact tracing applications. Concerns include their purpose, performance, impacts on privacy, data protection, human agency, and risks of stigmatization. Many of these emanate from mistrust in public authorities or technology firms, and fear of establishing mass surveillance. Disinformation and the lack of clear ethical, legal, and technical safeguards have polarized the public debate at a time when we need to build trust, and should not have to sacrifice civil liberties for public health.There is therefore a pressing need to co-design governance mechanisms that capture the health benefits of contact tracing applications while mitigating their potential risks and adverse effects. The urgency of the situation should not impact our collective ability to make informed decisions, and to responsibly navigate potential tensions between public health, safety, and civil liberties. Evidence suggests that the widespread adoption and efficacy of contact tracing applications is reliant on public trust and social acceptability, further reinforcing the need for ethical and legal frameworks governing their development.
Argañaraz Luque, Martín G, Sebastian Bonina and Anthony Charles de Novaes da Silva, ‘Impact of COVID-19 on the Latin American Insurance and Reinsurance Market’ in María Luisa Muñoz Paredes and Anna Tarasiuk (eds), Covid-19 and Insurance (Springer, 2023) 185-217 Abstract: As elsewhere in the world, the Latin American region and its diverse economies have been heavily affected by the COVID-19 pandemic, and, particularly, by the different government measures adopted by each country. The region’s insurance and reinsurance markets have not been exempted from these effects, notwithstanding their less developed nature compared to the large world economies. The smaller extent of insurance coverage offered, the regulatory and legislative features of each country, and the uninsurable nature of the pandemic, are some of the aspects to be considered when studying the market in the region and, together with this, account for the impossibility of applying, in most cases, the caselaw criteria of the more developed markets in the Latin American region.
Benítez, María Alejandra et al, ‘Responses to COVID-19 in Five Countries of Latin America’ (SSRN Scholarly Paper No ID 3663292, Social Science Research Network, 30 June 2020) Background: COVID-19 reached Latin-American countries slightly later than European countries, around February/March, allowing some emergency preparedness response in countries characterized by low health system capacities and socioeconomic disparities. Objective: This paper focuses on the first months of the pandemic in five Latin American countries: Brazil, Chile, Colombia, Ecuador and Peru. It analyses how the pre-pandemic context, and the government’s responses in terms of containment and mitigation and economic measures have affected the COVID-19 health outcomes. Methods: Extensive qualitative document analysis was conducted focused on publicly-available epidemiological data and federal and state/regional policy documents since the beginning of the pandemic. Results: The countries were quick to implement stringent COVID-19 measures and incrementally scaled up their health systems capacity, although tracing and tracking have been poor. All five countries have experienced a large number of cases and deaths due to COVID-19. The analysis on the excess deaths also shows that the impact in deaths is far higher than the official numbers reported to date for some countries. Conclusion: Despite the introduction of stringent measures of containment and mitigation, and the scale up of health system capacities, pre-pandemic conditions that characterize these countries (high informal employment, and social inequalities) have undermined the effectiveness of the countries’ responses to the pandemic. The economic support measures put in place were found to be too timid for some countries and introduced too late in most of them. Additionally, the lack of a comprehensive strategy for testing and tracking has also contributed to the failure to contain the spread of the virus.
Blauth, Taís Fernanda and Oskar Josef Gstrein, ‘Data-Driven Measures to Mitigate the Impact of COVID-19 in South America: How Do Regional Programmes Compare to Best Practice?’ (2021) 11(1) International Data Privacy Law 18–31 Abstract: This article analyses data-driven measures used in South America to mitigate the impact of COVID-19. Based on a broad review of relevant programmes in the region three selected cases from Argentina (Cuidar App), Brazil (use of personal data by IBGE), and Chile (CoronApp) are evaluated against best regional and international practices.• Our findings suggest that programmes in South America mirror approaches in other global regions and as such face many similar challenges. There is no clearly defined purpose, a lack of transparency, and the need for readjustment soon after initial development.• While the region is heavily affected by COVID-19, the three case-studies analysed demonstrate that policy makers in the region failed to establish trust in the measures. This can be deducted from low penetration rates of the programmes in Argentina and Chile.• Finally, there are serious concerns regarding the long-term impact of these programmes upon human rights (especially privacy) and human dignity.
del Guayo Castiella, Iñigo and Miguel A Marmolejo Cervantes, ‘The Recovery of the Energy Sector after the COVID-19 Pandemic: A Comparison between Latin America and the European Union’ (2022) 40(2) Journal of Energy & Natural Resources Law 165–181 Abstract: There are no recovery plans in Latin America to face the economic consequences of COVID-19. The European Union passed a Recovery Plan for Europe which will reactivate the European economy in a modern and sustainable manner. Once Latin America recovers from the COVID-19 pandemic, it will likely return to the same green-climate policies that existed pre COVID-19. This is exemplified by Mexico’s energy policy, which prioritises fossil fuels and hampers economic competition in the energy industry. The Recovery Plan for Europe promotes a green recovery, including the creation of a more environmentally friendly energy sector.
Gutiérrez-Murillo, Roberth Steven and Patricia Krieger Grossi, ‘Coping with the Care of Older Adults During the COVID-19 Pandemic in Central America: A Legal and Public Health Perspective’ [2024] Journal of Population Ageing (advance article, published online 02 October 2024) Abstract: The emergence of the 2019 novel coronavirus had a profound impact on social and healthcare structures. Public health and social assistance systems were confronted with demands that had never been seen before, necessitating the implementation of efficient coordination with all public sectors. This integrative documentary review employed a qualitative approach to examine the legal-health framework that was developed at both the regional and individual levels to safeguard the well-being of older adults in Central American countries during the 2020–2021 biennium. The review provides a comprehensive examination of regional and national guidelines, health regulations, situational and epidemiological bulletins, national and regional strategies, technical recommendations, and sectoral protocols. The management of the pandemic among the older adult population revealed both shortcomings and achievements. These were contingent upon the approach taken, which was not collective despite the setting of regional goals during the health crisis. Ideological and political arguments that were not aligned with the scientific approach brought significant challenges to the region, with the impact being more pronounced according to the place of residence.
Harti Alonso, Munia El and Sophia Herbst, ‘The Rise of Investor-State Public Health Disputes: Lessons Learned from the Idiosyncrasy of Argentinian and NAFTA Cases in the Era of COVID-19’ (2021) 56 REVISTA CONTEXTO (forthcoming) Abstract: Argentina’s prominence in the history of ISDS makes for a seminal case study of the tension between state measures and FDI. Argentina, like other Latin American countries, has taken a proactive approach to mitigating the current pandemic. Notably, these emergency public health decisions may hinder FDI, thus leading to an increase in investment disputes. This paper aims to comparatively analyze the past Argentinian crisis and health related NAFTA cases, using lessons learned to provide guidance in anticipation of COVID-19 disputes. In order to explore this topic, a discussion of jurisdictional and procedural questions allow for a modern application of past issues.
Landau, David, ‘The COVID-19 Emergency and Instability in Latin America’ (SSRN Scholarly Paper No 4577079, 1 September 2023) Abstract: The standard story is that emergencies are dangerous because they centralize power in the executive, undermining checks on power, allow for abuses of rights, and potentially erode the democratic order. Scholars have long wrestled with how to design emergency powers so as to avoid these pitfalls, and Latin Americanists have a deep historical familiarity with the abuses posed under the guise of suppressing emergencies. Yet the experience of many Latin American countries during the COVID pandemic belies the standard story. While presidents in a few countries (such as Mexico and Venezuela) did indeed seem to use the pandemic to centralize power in anti-democratic ways, in many countries presidential governance was extremely difficult, with weak, embattled presidents contending with waves of instability. Rather than accruing power, in other words, presidents in a number of countries across the region were merely trying to hold on to it. Consider, for example, that Peru saw two pandemic-era impeachments and a resignation, Ecuador a narrowly-survived impeachment attempt in the midst of mass protests, Chile a failed attempt to rewrite a constitution, and Colombia a series of escalating protests that forced the incumbent president to make a u-turn on austere economic policy. Why has experience across the region been so discordant with theoretical expectations about political behavior during emergencies? First, many countries in the region were facing instability before the pandemic occurred, so COVID added governance challenges during already-difficult periods. Second, as Versteeg and Ginsburg have pointed out, emergencies come in different flavors, and the last round of theorizing (which was based largely on the post-9/11 context) may be less applicable to the distinct patterns of politics caused by the pandemic. And third, as emphasized in this brief chapter, the pandemic itself, and the many restrictions imposed by governments in response to it, had devastating economic effects on already-fragile and patchy economies and social safety nets. Inflation spiked, while GDP contracted and unemployment and poverty rates increased sharply. In Europe and the United States, governments responded to these challenges in unprecedented ways, creating new temporary or permanent programs and expanding new ones. But across most of Latin America, the response was much less adequate. Governments across the region were not able to figure out adequate responses to the economic side of the emergency, and this in turn fed many of the protests and other forms of instability seen throughout the region.
Lochagin, Gabriel Loretto, ‘Changes in South-American Fiscal Rules in a Post-Pandemic Scenario: A Case-By-Case Analysis’ (2024) 17(2) Law and Development Review 483–509 Abstract: Public finances have been extensively affected by the effects of the COVID-19 pandemic and the measures enacted to mitigate them. In South America, have these effects been permanent, or were fiscal rules solid enough to allow for flexibility and a later return to normality? The hypothesis in this paper is that Covid had a significant impact on the fiscal institutions of countries with previous difficulties in using norms as stabilization tools for public finance, but had only temporary effects for countries with a stronger tradition of implementing fiscal rules more effectively. The text is structured as follows: in the first part, a general panorama of the creation of fiscal rules in South America is presented to offer comparison patterns with their post-pandemic evolution. Secondly, a description of the possible structures of fiscal rules is analyzed, and these categories will be applied to the South American case. In the third and last part, the types of fiscal rules are classified according to each country, as well as the transformations observed after the COVID-19 pandemic. As a result, the paper will offer a consolidated approach to changes in fiscal rules in the region.
Moraes, Thiago Guimarães et al, ‘Open Data on the COVID-19 Pandemic: Anonymisation as a Technical Solution for Transparency, Privacy, and Data Protection’ (2021) 11(1) International Data Privacy Law 32–47 Key Points: This article aims to discuss transparency and privacy on COVID-19 public data. The Brazilian context was chosen as a case study to understand how to implement transparent COVID-19 government databases while respecting data protection.The article intends to answer the question: which technical approach could be implemented to publish transparent data on COVID-19 infections while respecting the privacy of individuals?Privacy by Design is brought as a key concept to harmonization between these topics. It is possible to conclude that while transparency databases are essential when facing a pandemic outbreak, they must respect the rights to privacy and data protection.We present anonymization as a set of four strategies which aims to provide unlinkability to a given dataset: (i) to minimize, (ii) to separate, (iii) to abstract, and (iv) to obfuscate.While anonymization is a technical solution that may help to bring balance between open data transparency and privacy, it needs to be complemented by organizational measures, such as access control, privacy policies, and data protection impact assessments.
Norouzi, Nima and Elham Ataei, ‘COVID-19 Impacts on the Sustainable Development in Latin America: An Investigation on the Environmental Law and Policy’ (2021) 1(1) Universal Journal of Social Sciences and Humanities 22–36 Abstract: The economic and social effects that the COVID-19 pandemic and the associated measures to ad-dress it are having in Latin America may lead to serious long-term consequences that would affect the achievement of the Sustainable Development Goals. In this article, the collaboration of envi-ronmental economists from eight countries in the region discusses the possible effects of the pan-demic on air pollution, deforestation, and other relevant environmental aspects related to the SDGs. In addition to presenting an account of some of the initial effects of the health crisis on the environment, the paper discusses potential effects in terms of environmental regulations and public policy interventions. Finally, the paper presents an agenda on new research topics that arise due to the pandemic or have gained greater importance due to it, including the impacts on the achievement of the Sustainable Development Goals. Briefly, this paper is a novel view of the sustainable development in Latin America and the Covid-19 impacts on this process.
Palma, Luis Maria, ‘Justice and Innovation in Latin America since the Pandemic: Developments, Challenges and Perspectives’ (2024) 38(3) Court Manager [unpaginated] Abstract: Analysis of the innovation process in Latin American judicial systems prompted by the Covid-19 pandemic. In many judicial bodies across Latin American nations, there is a growing trend towards modernization through the adoption of technology tools. Although these efforts have been ongoing, their acceleration was prompted by the crisis stemming from the COVID19 pandemic since March 2020. To provide context for these modernization endeavours, I will initially examine governmental responses to the crisis. Following this, I will outline key issues within these judicial systems. Subsequently, I will discuss the actions taken by the judiciary to ensure continuity of operations in response to the pandemic. Of particular focus will be judicial training, given its crucial role in enhancing justice services, especially with the surge in remote learning during the crisis. Lastly, I will explore various approaches to address the challenges faced by governments and judiciaries, pertinent international documents and agreements, and the imperative of sustaining modernization efforts through inclusive dialogue, participation, and engagement with civil society.
Pichihua, Yeimis, ‘Recodification of the Latin American City: Emerging Urban Legislation in the Pandemic Era’ (2023) 8(3) Environmental Science & Sustainable Development 1–8 Abstract: In recent years, urban policies have been transformed in response to the pandemic. The new normality has translated into a new urbanity, in the broadest sense of the word; that is, into new rules that shape daily life and the production of urban space itself. However, in Latin America, most of these measures have been contingent on the emergency, as they have not been translated into structural or long-term policies. This research focuses on the changes experienced in urban legislation as of 2020. Period where national governments had to simultaneously confront health problems and pre-existing urban dysfunctionalities. This is a descriptive study outlining the landscape of emerging urban policies. It focuses on visible changes at the Latin American level, The results reveal that many Latin American countries have changed their urban policies during the pandemic, including a growing interest in social housing. Among the issues addressed are land regulation, the right to the city, the management of public spaces, informal settlements, etc. In conclusion, the pandemic was the scene of a change of course based on new urban policies. These policies improve the management of our cities and make it possible to build more sustainable and equitable spaces.
Oxford Analytica, ‘Concerns over Rule of Law Will Rise Post-Pandemic’ (27 October 2020) Abstract: Latin America scores poorly on global assessments of both corruption perceptions and judicial independence.
Rueda, Natalia, ‘Pandemic and Judicial Protection of Fundamental Rights in Latin America’ in Paola Iamiceli and Fabrizio Cafaggi (eds), COVID19 Litigation: The Role of National and International Courts in Global Health Crisis (Università degli Studi di Trento, 2024) 259 *[OPEN ACCESS BOOK]* Chapter summary: 1. Introduction. 2. General considerations about COVID-19 Litigation in Latin America. 3. The type of actions. 3.1. Constitutional and legal mechanisms for automatic control of emergency provisions. 3.2. Judicial mechanisms for urgent human rights protection. 3.2.1. The writ of amparo in Latin America: general characteristics. 3.2.2. Habeas corpus. 4. The nature of the parties. 5. The vulnerable groups. 6. The fundamental rights protected. 7. Conclusions
Villagran, Michele AL and Marcelo Rodriguez, ‘COVID-19 in Latin America and the Caribbean: Experts Examining Legal Responses’ (2021) 46(3) Canadian Law Library Review 10–15 Abstract: Since March 2020, a group of librarians, professors, and legal professionals have been monitoring legal responses to COVID-19 throughout Latin America and the Caribbean. Each member of the project is currently following various countries within this region. In this article, the authors will describe how the project was created and highlight the initial challenges in terms of securing and evaluating trustworthy sources of information in the middle of a pandemic. The authors will summarize the legal responses and any disinformation issues within the countries they have been monitoring: Argentina, Chile, Uruguay, Peru, Bolivia, and Paraguay. Finally, the article will conclude with the authors enumerating the achievements of the group as well as future plans for the project.
Argentina
Amaya, Jorge Alejandro, ‘Government Policies to Combat Pandemics in the Argentine Republic: National Report on Argentina’ in Arianna Vedaschi (ed), Governmental Policies to Fight Pandemic: The Boundaries of Legitimate Limitations on Fundamental Freedoms (Brill, 2024) 403–421 Abstract: The global spread of the SARS-CoV-2 virus (COVID-19) has set in motion the political and institutional apparatus of the different States to deal with this problem. As in all countries, Argentina registers a series of emergency regulations that restrict, to a greater or lesser extent, rights and freedoms enshrined in the Constitution. The approach to the pandemic in our country began in March 2020 and focused, initially, on trying to stop the community circulation of the new virus, strengthening hospital infrastructure and expanding health capacities and resources. The measures adopted were mostly adopted by the executive powers of the different levels of government, with little participation by the legislative powers, and were based on the emergency situation.
Clark, Ian and Dimitrios Lyratzakis, ‘Towards a More Robust Sovereign Debt Restructuring Architecture: Innovations from Ecuador and Argentina’ [2020] Capital Markets Law Journal Article kmaa032 (advance article, published 28 December 2020)
Fontenot, Lily, ‘COVID–19, Housing and Evictions: A Comparative Case Study of Housing Law and Policy in the United States and Argentina through an International Human Rights Lens’ (2021) 53(1) University of Miami Inter-American Law Review 159–195 Abstract: This Note seeks to address the impact of international human rights obligations on domestic housing laws and policies through a comparative case study of Argentina and the United States. Specifically, it will discuss each country’s response to the COVID-19 pandemic, their housing obligations under international human rights law, and how each country is addressing their own unique housing and eviction crises. Finally, this Note will offer recommendations on how each country should modify their housing policies in light of the pandemic in order to comply with international human rights standards.
Gesley, Jenny, ‘Regulating Electronic Means to Fight the Spread of COVID-19’ (Law Library of Congress Legal Report, June 2020) Note: This page includes a comparative summary, and links to the full report and a COVID-19 Contact Tracing Apps world map. Extract from Introduction: This report surveys the regulation of electronic means to fight the spread of COVID-19 in 23 jurisdictions around the globe: Argentina, Australia, Brazil, China, England, France, Iceland, India, Iran, Israel, Italy, Japan, Mexico, Norway, Portugal, the Russian Federation, South Africa, South Korea, Spain, Taiwan, Turkey, the United Arab Emirates, and the European Union (EU).
Harti Alonso, Munia El and Sophia Herbst, ‘The Rise of Investor-State Public Health Disputes: Lessons Learned from the Idiosyncrasy of Argentinian and NAFTA Cases in the Era of COVID-19’ (2021) 56 REVISTA CONTEXTO (forthcoming) Abstract: Argentina’s prominence in the history of ISDS makes for a seminal case study of the tension between state measures and FDI. Argentina, like other Latin American countries, has taken a proactive approach to mitigating the current pandemic. Notably, these emergency public health decisions may hinder FDI, thus leading to an increase in investment disputes. This paper aims to comparatively analyze the past Argentinian crisis and health related NAFTA cases, using lessons learned to provide guidance in anticipation of COVID-19 disputes. In order to explore this topic, a discussion of jurisdictional and procedural questions allow for a modern application of past issues.
Saletti-Cuesta, Lorena and Lila Aizenberg, ‘Approaches to gender-based violence and Legal abortion in health services during COVID-19 lockdown’ (2021) 17 Salud Colectiva / Collective Health Article e3678 Abstract: This study is interested in analyzing how health services address gender-based violence and legal abortion in a context of mandatory preventive social isolation. Between May and June 2020, 27 telephone interviews were conducted with healthcare professionals and key informants from Córdoba and Resistencia. Changes in detection, methods, and demand were identified, related to the reorganization of the healthcare system, modifications in the care relationship, and the resources needed to respond to demand. The pandemic has deepened barriers to women’s access to health services and has added new ones. Networks among healthcare professionals, feminist healthcare practices, and innovative approaches were identified as facilitators of access, which have been central in mitigating the effects of the pandemic and guaranteeing rights.
Villagran, Michele AL and Marcelo Rodriguez, ‘COVID-19 in Latin America and the Caribbean: Experts Examining Legal Responses’ (2021) 46(3) Canadian Law Library Review 10–15 Abstract: Since March 2020, a group of librarians, professors, and legal professionals have been monitoring legal responses to COVID-19 throughout Latin America and the Caribbean. Each member of the project is currently following various countries within this region. In this article, the authors will describe how the project was created and highlight the initial challenges in terms of securing and evaluating trustworthy sources of information in the middle of a pandemic. The authors will summarize the legal responses and any disinformation issues within the countries they have been monitoring: Argentina, Chile, Uruguay, Peru, Bolivia, and Paraguay. Finally, the article will conclude with the authors enumerating the achievements of the group as well as future plans for the project.
Zagmutt, Valentina and Martín Böhmer, ‘COVID-19, Public Health, and Criminal Law: Criminalising Non-Compliance with Quarantines in Chile and Argentina’ (Southern Voice, Occasional Paper Series No 74, 14 September 2021) Abstract: This study presents a comparative analysis of the use of criminal law to enforce compulsory preventive social-isolation measures, or quarantines, in the context of the COVID-19 pandemic in Chile and Argentina. Because the use of criminal law to enforce quarantines is a public policy decision, it should be subject to public accountability. At the same time, the use of criminal law to guarantee the right to health can seriously affect the right to liberty. This clash must be considered when assessing the enforcement of social-isolation measures, given that the criminalisation of non-compliance may disproportionately affect certain sectors of the population, particularly those experiencing problems with housing and regular employment. Our study finds that in Argentina, where criminal prosecution of quarantine violators was most intense during the first months of the pandemic but declined over time, and where most criminal prosecutions ultimately did not go forward, there is no evidence of discrimination by socio-economic level or geographical area. In Chile, by contrast, criminal prosecution was effective and continuous, with an unequal incidence among population groups. Overall, the results show that differences in how laws related to social isolation were implemented negatively impacted the most vulnerable sectors.
Bolivia
Villagran, Michele AL and Marcelo Rodriguez, ‘COVID-19 in Latin America and the Caribbean: Experts Examining Legal Responses’ (2021) 46(3) Canadian Law Library Review 10–15 Abstract: Since March 2020, a group of librarians, professors, and legal professionals have been monitoring legal responses to COVID-19 throughout Latin America and the Caribbean. Each member of the project is currently following various countries within this region. In this article, the authors will describe how the project was created and highlight the initial challenges in terms of securing and evaluating trustworthy sources of information in the middle of a pandemic. The authors will summarize the legal responses and any disinformation issues within the countries they have been monitoring: Argentina, Chile, Uruguay, Peru, Bolivia, and Paraguay. Finally, the article will conclude with the authors enumerating the achievements of the group as well as future plans for the project.
Brazil
Almada, Marco and Juliano Maranhão, ‘Voice-Based Diagnosis of Covid-19: Ethical and Legal Challenges’ (2021) 11(1) International Data Privacy Law 63–75 Key Points: Ongoing research projects, among them the Brazilian SPIRA and SoundCov initiatives, seek to diagnose Covid-19 and severe respiratory insufficiency through the analysis of voice recordings.The voice recordings may also be used to infer information about various personal traits, including some considered as sensitive by data protection law.The deployment of such apps may promote significant benefits in the context of a pandemic, since telemedicine avoids the risks of infection, both to potential patients and to the health-care professionals, as compared to presential consultation; those benefits, however, must be evaluated in light of the ethical and data protection concerns mapped in this article.The operation of voice-based medical apps involves various kinds of personal data, which means that those apps must follow the requirements imposed by Brazil’s General Data Protection Law (LGPD), such as the need for a legal basis for data processing and the purpose limitation of processing.The LGPD also provides a series of rights to users and other data subjects, such as the right to erasure and the right to information about the processing, which must be implemented by any diagnosis app.
Almeida, Luís Felipe Rasmuss de, ‘The Coronavirus (Covid-19) Legislation Involving Matters of Private Law in Brazil (Translation with Commentary)’ (2021) 8(26) Revista de Direito Civil Contemporâneo 351–362 Abstract: The present work comprises the English translation of Coronavirus Act in Brazil, a piece of legislation passed in Brazil to regulate matters involving Private Law during this time of pandemic (Act n. 14,010 of 2020 - the ‘Emergency and Temporary Legal Framework for relationships involving Private Law during the period of Covid-19 pandemic’), which established a relevant and transitory set of rules concerning periods of limitations, adverse possession, termination of contracts, adjustment of contract terms by Brazilian courts, as well as rules regarding Family Law, Inheritance Law, Competition Law and changes on the effective date for administrative sanctions established under Brazilian General Data Privacy Act. For convenience of foreign readers, this translation also includes (i) introductory notes on the legislative process involving Bill n. 1,179 of 2020 (later enacted as Act 14,010 of 2020) and (ii) explanatory footnotes on various aspects of Brazilian legislation.
Alvarez, José, ‘The Case for Reparations for the Color of COVID’ (2022) 7(1) UC Irvine Journal of International, Transnational, and Comparative Law 7–59 Abstract: This Article surveys the data demonstrating that COVID-19, far from being the great equalizer, has generated starkly skewed adverse outcomes, including grossly disproportionate deaths, among persons of color in the U.S., Brazil, and India, and in all likelihood globally. The ‘color of COVID’ results from governmental actions and inactions that, when combined with long-standing socio-economic vulnerabilities, produce deadly results for certain groups. Global health reformers are not addressing these injustices. Like those who resist reparations for African-Americans, for the global victims of slavery, colonialism and its legacies, or for all of the current pandemic’s victims, those seeking to reform the WHO resist state responsibility or accountability for COVID. This Article argues that since, under international law, states owe a duty to provide remedies to persons within their jurisdiction who are denied fundamental rights because of de facto or de jure discrimination, there will be a substantial number of COVID-related claims presented in national courts and international venues, such as human rights courts and treaty bodies. States will face a choice between allowing judges to respond to actions or anticipating the most serious of them by establishing reparations mechanisms or commissions to address the color of COVID. As students of transitional justice can attest, there are advantages to doing both: allowing tort-like claims to proceed in judicial fora while establishing, at the national and possibly sub-national levels, mechanisms to enable contextually sensitive responses—from government apologies to forms of recompense. Intrastate reparations are more politically viable than interstate claims seeking to establish blame for the spread of COVID. National efforts to provide a measure of restorative justice to those harmed within each country by discriminatory practices are justified morally, legally, and from a utilitarian perspective. Bringing out the facts of the color of COVID and making states accountable may deter discriminatory actions (and inactions) that have furthered COVID-19 and its variants. Enabling accountability for the color of COVID can help mitigate the impact of future pandemics. Reparations would also advance the idea that all persons, irrespective of color of skin, have a basic right to life and health.
Benvindo, Juliano Zaiden, ‘Governmental Policies to Fight Pandemics: Defining the Boundaries of Legitimate Limitations on Fundamental Freedoms: National Report on Brazil’ in Arianna Vedaschi (ed), Governmental Policies to Fight Pandemic: The Boundaries of Legitimate Limitations on Fundamental Freedoms (Brill, 2024) 422–446 Abstract: Given the emergency context brought by the COVID-19 pandemic, several governments in Latin America used hyper-presidentialism as a resource, which enhanced the executive’s primary role in implementing public policies against the viral contamination. However, Brazil’s Federal Government attempted to exempt itself from such a role, whereas state governors took the lead in combating the crisis. This distinction is due to two main features: the Supreme Court acknowledged the concurrent competence of local governments and the Federal Government on anti-COVID measures; and the lack of coordination between the Executive branch and the others.
Borsio, Marcelo Fernando, Dariel Oliveira Santana Filho and Jefferson Carlos Carus Guedes, ‘On the Urgency of an Emancipatory Hermeneutics of Social Security Law in the Post-Pandemic Era’ (2021) 22(128) Revista Jurídica da Presidência 476–495 Abstract: The present study aims to critically analyze the current hermeneutics of Social Security Law and its perspective in relation to the post-COVID-19 era, in view of the possible procedural pandemic - which will arise from the world emergency now faced - in all branches of law. The interpretation of Social Security Law cannot be limited, etymologically, to the radical herméneutikê as being the art of interpreting, linked only to the grammatical and merely rhetorical scope. Thus, understanding the dimension and scope of social security hermeneutics goes far beyond comparing it to the semiological meaning of a trivial interpretation of signs or to the legal perception of the interpretive framework of norms and principles. The pandemic caused by the coronavirus is breaking paradigms in several areas and, within the scope of Social Security Law,
Brandao, Claudio and Renato Feitosa, ‘Prison by Human Rights’ Lens and Covid19 Pandemic: The Brazilian Crisis’ (2020) 2(2) Humanities and Rights Global Network Journal 147–163 Abstract: From the eighteenth century, prison was raised as the main response of Criminal law. This happened for a political reason, namely the creation of State. In this context, incorporations that the ideologies and characteristics of later centuries brought to prison entail an aporia. To face this crisis, Human rights has produced criteria that should guide the actions of States. The COVID19 pandemic caused urgency of segment of these criteria and the Brazilian case is brought up as an example of failures of most UN member states.
Bruce, Raphael, Alexsandros Cavgias and Luis Meloni, ‘Filling the Void? Organized Crime and COVID-19 in Rio De Janeiro’ (SSRN Scholarly Paper No ID 3678840, Social Science Research Network, 21 August 2020) Abstract: How does the presence of organized crime affects the intensity of the COVID-19 epidemic? Rio de Janeiro is the perfect laboratory to answer such an overlooked question because two distinct types of criminal organizations operate in its territory. First, there are drug trafficking gangs comprised of slum dwellers. Second, there are the milícias, paramilitary groups with links to the police, usually financed by extortion. We estimate two-way fixed effects models comparing the number of cases (deaths) caused by Severe Acute Respiratory Syndrome (SARI) before and after the COVID-19 outbreak in neighborhoods with and without the presence of organized crime. We document two findings. First, the number of SARI deaths in neighborhoods controlled by gangs increased 43% less than in areas without any form of organized crime. In neighborhoods controlled by milícias, however, this outcome increased 29% more than areas without any form of organized crime. We find similar effects for SARI hospitalizations. These results are robust to various specifications. Overall, our results show that the reaction of organized crime to a public health crisis depends on its form of criminal governance.
Bustamante, Thomas and Emílio Peluso Neder Meyer, ‘Brazil: COVID-19, Illiberal Politics and the Rule of Law’ in Joelle Grogan and Alice Donald (eds), Routledge Handbook of Law and the COVID-19 Pandemic (Routledge, 2022) 225 Abstract: The denialist approach that the Brazilian government adopted to the COVID-19 pandemic makes the country an interesting case study of the consequences of politicised and populist responses to the virus, which are summarised in this chapter. Bolsonaro’s ‘underreach’ politics were based on a permanent strategy to expose the population to the virus in the hope of herd immunity, even after consensus had emerged on the inefficacy of such an approach. This chapter reconstructs the central aspects of this response.
Carstens, Margret, ‘Indigenous Rights and Covid-19: Indigenous Land and Health Under Serious Threat in Brazil’ (2021) 29(3) International Journal on Minority and Group Rights 528–576 Abstract: Abstract This article analyses the impact of covid-19 on the rights of indigenous peoples, particularly in Brazil. It deals with the current situation of the Brazilian indigenous peoples, the impacts of the pandemic, the rights created on the adoption of protective sanitary measures for indigenous people and land rights in Brazil. Does the Brazilian government comply with international law, with constitutional rights of indigenous peoples in the current covid-19 crisis, particularly with the Brazilian Supreme Court decision on the adoption of protective sanitary measures for indigenous people? With a focus on the 2020 Report of the Special Rapporteur on the Rights of Indigenous Peoples, this paper will identify and examine the gaps in protection of the indigenous peoples rights by reason of the impact of the covid-19 crisis. This paper argues that the crisis is misused as an occasion for land invasions, deforestation, forest fires and the denial of basic indigenous rights. Especially in Brazil, a transformative change, an emergency support for indigenous peoples, and a still stand agreement on logging and extractive industries operating next to indigenous communities are needed. Brazilian NGO statements give guidelines as to how to manage the threats of the present pandemic on indigenous peoples of Brazil. The Inter-American Commission on Human Rights, the United Nations and the International Labour Organisation all offer further relevant suggestions as to how to address the serious impacts in the response to and the aftermath of this crisis.
Castelliano, Caio, Peter Grajzl and Eduardo Watanabe, ‘How Has the Covid19 Pandemic Impacted the Courts of Law? Evidence from Brazil’ (2021) 66 International Review of Law and Economics Article 105989 Abstract: We provide empirical insight into the consequences of the Covid19 pandemic for the administration of justice. Drawing on a comprehensive monthly panel of Brazilian labor courts and using a difference-in-difference approach, we show that the pandemic has had a large and persistent deleterious effect on adjudicatory efficacy, leading to a massive decrease in the clearance rate and an increase in court backlogs. The pandemic has affected how courts dispose adjudication cases, expectedly causing a plummeting in the share of disputes resolved via trial hearings and, less predictably, exerting a temporally non-linear effect on the share of in-court settlements. Notably, we find no evidence of an effect of the pandemic on efficacy in enforcement. Although the pandemic led to an increase in the share of new filings requiring enforcement, any effect on the relative use of enforcement to execute court-ordered payments has been intermittent and temporary. The intensity of the pandemic has been an important moderating factor.
Cooney, Sean et al, ‘OSH and the COVID-19 Pandemic: A Legal Analysis’ (Northeastern University School of Law Research Paper No 434, 26 April 2023) Abstract: This study provides an analysis of how occupational safety and health (OSH) regulation responded to the circumstances of key workers during the COVID-19 pandemic. It explains the objectives of OSH regulation, including its main elements and how it has evolved over time. It draws from national country studies from Africa (Rwanda); Asia (China, Japan, Republic of Korea); Europe (Italy, Spain, United Kingdom); North America (United States) and South America (Brazil, Colombia) to explain how different jurisdictions address safety and health in their regulatory frameworks and how these frameworks operate in practice, including during the COVID-19 pandemic.
da Costa, Karen and Shlomit Zuckerman, ‘Human Rights and Ethics in the Management of the Covid-19 Pandemic: The Experiences of Brazil and Israel’ in Dónal O’Mathúna and Veselin Mitrović (eds), Disaster Construction and Reconstruction: Lessons from Covid-19 for Ethics, Politics and Law (Institute of Social Sciences, 2024) Abstract: This paper examines Brazil and Israel’s responses to the COVID-19 pandemic, focusing on human rights and ethical issues. Through documental analysis, utilizing primary sources such as official reports and regulations, as well as secondary sources, especially academic literature, the research explores how these nations addressed the pandemic with respect to human rights and ethical conduct. In Brazil, a convergence of health emergencies and governance crises contributed to a heightened death toll, emphasizing the need to learn from past mistakes, enhance healthcare systems, and eliminate discriminatory policies against vulnerable groups. The shift in rhetoric under President Lula’s new government since January 2023 reflects a more human rights-friendly approach, prioritizing dialogue and incorporating lessons from the pandemic. In contrast, Israel faces a trajectory marked by a right-wing government’s proposed judicial reform, challenging democratic principles and sparking a constitutional crisis. Public protests, especially from healthcare professionals, criticize the reform for potentially undermining human rights, notably the right to health, through unchecked decisions that neglect health implications, disproportionately affecting vulnerable groups. Beyond these cases, the paper underscores the global impact of COVID-19, emphasizing the interconnectedness of humanity. While countries experienced the disease differently, the collective response necessitates global cooperation for effective pandemic management. The study concludes that despite diverse individual experiences, global collaboration is vital for addressing future pandemics, offering valuable insights into the intricate relationship between pandemic management, human rights, and ethical considerations, with implications for future public health crises.
de Castro, Douglas and James Oliveira dos Santos, ‘Securitization of the Health and Economy in the COVID Times’ (Afronomicslaw COVID-19 Symposium on International Economic Law in the Global South (May 2020), Symposium IV: Governance, Rights, and Institutions) Abstract: To deal with the COVID-19 pandemic, international and national public agents had to shift the debate and actions from the health and economic realms towards the security one, which reflects a more stringent reaction to ‘combat’ or ‘raging war against the virus and its effects in the economy’ (we have used the commas here to indicate the representative discursive practices of the authorities as reflected in the media). This discursive practice is called securitization, an ontological and epistemological change that labels a phenomenon originally from the public arena to the security/military realm, which the main implication is the relativization of human rights and other democratic mechanisms that are not accepted easily by Western societies without emergencies such as pandemics. Therefore, considering that the emergence and resurgence of diverse strains of the coronavirus have been known by health authorities for a long time, why have public health planning and actions at the international and national levels failed to contain the epidemic? Why securitize a topic that could already have been controlled in the scope of politics?
Durlo, Juliana Vendramini and Plínio AB Gentil, ‘Legal Education in Crisis and Construction of New Post-Pandemic Paradigms’ in Essential Studies Focused on Development Area (Seven Editora, 2023) 1–16 Abstract: This article addresses topics related to the future of legal education in Brazilian universities in the post-pandemic of the so-called new coronavirus. As a specific objective, it intends to expose the change that occurred in the need for online undergraduate courses, in addition to reflecting on the economic gain and educational loss of this system. To materialize this research, the methodology used in the elaboration of the article is a qualitative analysis via bibliographic review, carried out through exploration through the survey of scientific articles indexed in appropriate databases such as Scielo, Google Scholar, and in the public domain. In this way, the bibliographic research consisted of reading texts related to the subject, prioritizing the fundamental bibliography. The problem to be researched starts from the premise that legal education in Brazil deserves a new educational perspective, and that means, in addition to the method, support in critical and interdisciplinary law. The relevance of the work takes place amid the new coronavirus pandemic, which transformed, overnight, access to education and its practice. It also seeks to initiate a reflection on the training of uncritical professionals, mere repeaters of given knowledge; Considering the expression ‘theoretical common sense’, it is expected to contribute to a critical look at legal science and its teaching model amid profound social change.
Fernandes, Haniel, ‘Would the Lockdown Really Be Necessary for the Control of COVID-19 in Brazil?’ (SSRN Scholarly Paper No ID 3578627, Social Science Research Network, 17 April 2020) Abstract: The lockdown quarantine applied in Brazil to contain the advances of the new coronavirus pandemic equivalent to European countries without first observing their demographic, socioeconomic and cultural differences, seems to involve political issues, in addition to controlling problems public health. Therefore, it is necessary to explain a critical idea about the type of prior conduct taken by Brazil to control this pandemic through a descriptive approach that links published policies adopted with the structure of the local health system and the country’s socio-economic and demographic characteristics, in addition to response to contagion. Thus, examining some facts intrinsic to the pandemic process that is installed in the world today.
Filho, Luciano Bottini, ‘Covid-19 Through Brazilian Courts: The Deserving and the Undeserving Vulnerable’ (2021) 22(6) German Law Journal 1098–1114 Abstract: Looking into these times of neoconservatism in Brazil, marked by a far-right agenda and populism, this Article explores the role of vulnerability (as a legal theory, a legal principle or factual consideration) in the litigation prompted by the pandemic in Brazil. The usages of vulnerability as a form of resistance to the denial of their identity and vulnerable condition show that vulnerability can take different forms through litigants and may have an independent meaning to what is defined in legal theory or law. This is most evident by the fact that litigants dispute government policies based on ideologies that contest their identities (and not merely their vulnerability). Four case studies substantiate this Article with lawsuits brought to higher courts by judicially active groups: prisoners, indigenous people, Afro-Brazilian ethnic communities and gig economy drivers. They are what I call ‘undeserving vulnerables’, groups discriminated from a legally recognized vulnerable group through attacks to their identity.
Fracalossi de Moraes, Rodrigo, ‘Determinants of Physical Distancing during the COVID-19 Epidemic in Brazil: Effects from Mandatory Rules, Numbers of Cases and Duration of Rules’ (SSRN Scholarly Paper No ID 3632386, Social Science Research Network, 21 June 2020) Abstract: During the COVID-19 pandemic, physical distancing is being promoted to reduce the disease transmission and pressure on health systems. Yet, what determines physical distancing? Through a panel data analysis, this article identifies some of its determinants. Using a specifically built index that measures the strictness of physical distancing rules in the 27 Brazilian states, this paper isolates the effect of mandatory physical distancing rules from other potential determinants of physical distancing. The article concludes that physical distancing is influenced by at least three variables: the strictness of mandatory physical distancing rules, the number of confirmed cases of COVID-19, and the duration of rules. Evidence also indicates that the effect of physical distancing measures is relatively stronger than that of the number of cases – physical distancing is determined proportionally more by mandatory policies than people’s awareness about the severity of the epidemic. These results have at least two policy implications. First, governments should adopt mandatory measures in order to increase physical distancing – rather than expect people to adopt them on their own. Second, the timing of adopting them is important, since people are unlikely to comply with them for long periods of time.
Freckelton, Ian and Vera Lúcia Raposo, ‘International Access to Public Health Data: An Important Brazilian Precedent’ (2020) 27(4) Journal of Law and Medicine 895–900 Abstract: Accurate, up-to-date data are the bedrock of effective public health responses, including in the context of the suffering caused by COVID-19. Any action to inhibit the compilation of such data has ramifications locally, nationally and internationally, and risks impairing the global capacity to respond to the virus. This article contextualises the decision of the government of President Bolsonaro of Brazil to reduce the accessibility of contemporary data about COVID-19 infections in Brazil within his views about, and responses to, the virus. It identifies the nature of actions taken to suppress such data by the Brazilian Ministry of Health and then scrutinises a decision by De Moraes J of Brazil’s High Court in Sustainability Network v The President of the Republic of Brazil (ADPF 690 MC/DF, 8 June 2020), which quashed the attempted suppression of public health data. The article hails the decision as an important public health law precedent.
Germanò, Marco André et al, ‘Digital Surveillance Trends and Chinese Influence in Light of the COVID-19 Pandemic’ (2023) Asian Journal of Comparative Law (advance article, published online 23 January 2023) Abstract: Countries across the world expanded digital surveillance strategies in response to the COVID-19 pandemic. As the pandemic occurred contemporaneously with a global trend toward greater digital repression, commentators advanced the notion that China would use the health crisis to promote a technology-enabled form of authoritarian governance abroad. This article surveys the evidence for these claims by first examining the literature on the increase of digital surveillance associated with China and then presenting three case studies from developing countries with varying responses to the COVID-19 pandemic. The selected countries – Brazil, South Africa and Vietnam – used surveillance technology as part of their pandemic response and have either been influenced by Chinese approaches or adopted Chinese technology in recent years. Examining these case studies allows us to better understand claims regarding China’s role in the general spread of digital surveillance and the interplay between Chinese state objectives and local political environments. Crucially, we illustrate how China’s engagement in digital governance abroad is heavily contingent on domestic environments. Against a backdrop of China’s growing influence in global digital governance, the effects observed in these case studies of Chinese surveillance models and technology proliferating through pandemic management are diffuse and contextualised by local factors.
Gesley, Jenny, ‘Regulating Electronic Means to Fight the Spread of COVID-19’ (Law Library of Congress Legal Report, June 2020) Note: This page includes a comparative summary, and links to the full report and a COVID-19 Contact Tracing Apps world map. Extract from Introduction: This report surveys the regulation of electronic means to fight the spread of COVID-19 in 23 jurisdictions around the globe: Argentina, Australia, Brazil, China, England, France, Iceland, India, Iran, Israel, Italy, Japan, Mexico, Norway, Portugal, the Russian Federation, South Africa, South Korea, Spain, Taiwan, Turkey, the United Arab Emirates, and the European Union (EU).
Gutiérrez Silva, Rodolfo, ‘Judicial Protection of the Right to Health in the Context of Covid-19 and Populism in Brazil’ (2023) 2023(178) Médecine & Droit 13–19 Abstract: The Covid-19 pandemic has brought new challenges to the health systems of Latin America. However, the institutions and mechanisms created by the Social State of Law were unable to confront these new risks. As a result of that, populist governments have used this crisis as an opportunity to deepen the high levels of inequalities through the appropriation of power, wealth and social welfare. Courts have also reacted in order to guarantee the right to health; however, many challenges remain. There is an inversely proportional relationship between the intensity of the crisis and the level of judicial activism on the part of the Courts. Therefore, the more the scale and intensity of the crisis generated by populist governments in the context of pandemics, uncertainty, and inequality the more reflexive, and strategic courts should be and the more protection, defense and monitoring should be promoted in order to ensure the fulfilment of the right to the highest attainable level of health especially of the most vulnerable. On the other hand, the more compliance through the availability of health goods and services, and the more availability of health workers with better salaries, social security and working conditions the more resilient the State will be to face emergencies, which at the same time will promote fewer restrictions on fundamental rights. Courts play a special role in protecting the right to health, especially in the context of emergencies and crises. States must adopt measures by using the maximum available resources in order to protect the right to the highest attainable standard of health.
Hegenberg, Flávio Edmundo Novaes and Luiz César Martins Loques, ‘Law and Economics: Discussions Concerning the 2002 Brazilian Civil Code and COVID-19’ (2020) 2(43) Revista Direito & Paz 283–306 Abstract: This text is a discussion concerning economic and legal ‘powers’ in Brazil. The context of crisis caused by the COVID-19 pandemic makes this discussion necessary. The overall context adopted here is one of Law and Economics. A brief discussion is made about the contemporary Liberal State. Some ideas concerning the 20th century workings of the state (if the state is ´social` or if it is ´minimum´) is also analysed. Some reality is offered by providing numbers collected from The World Bank. Information regarding COVID-19 as a global cause for economic crises is given. Within the text, Article 421-A of the Brazilian Civil Code is discussed. Some concluding remarks shed some light regarding what could be done to improve things in Brazil.
Iorio, Cristina Lucia Seabra and Vanice Valle, ‘The Legal Vulnerability and Invisibility of the Roma People in Brazil in Times of COVID-19 Pandemic’ (2021) 24(36) JURIS POIESIS 350–356 Abstract: I argue that there is a legal invisibility of Roma people in the Brazilian legal field, as an ethnic minority and vulnerable group. The racial prejudice that the Roma community is subject to seems to have only been recorded in videos and social networks, and has not yet been adjudicated upon by the judiciary. This environment of prejudice and lack of access to fundamental rights has deepened especially in the scenario of the COVID-19 pandemic. As can be seen in a number of reports that end up giving voice to this minority, Roma peoples in Brazil are suffering from repossession suits or even expulsion from their camps by the police, on the basis of a widespread belief that they are dirty and transmitters of the CORONA vírus.
Lima, Taisa Maria Macena De and Maria de Fátima Sá, ‘The Right to Mental Health in Brazil and the Silent Pandemic’ (2020) 2(2) Humanities and Rights Global Network Journal 42–65 Abstract: This text focuses on the psychological repercussions of the Covid-19 pandemic on mental health. Repercussions that tend to endure in the post-pandemic world. The background of this article is the Brazilian law, and it develops in two parts. The first centered on the legislation hierarchically inferior to the Constitution to protect mental health, and the second focused on reaching the silent pandemic, that is, the mental illness resulting from traumas generated by the new coronavirus pandemic.
Machado, Marta and Taís Penteado, ‘Covid-19 and Exponential Reproductive Rights-Related Inequalities in Brazil’ in Shreya Atrey and Sandra Fredman (eds), Exponential Inequalities: Equality Law in Times of Crisis (Oxford University Press, 2023) 295 Abstract: The exponentiation of gender inequalities during the pandemic and the centrality of care work and sexual violence in this equation make the Covid-19 crisis a critical juncture that exposes the inextricable relation between sexual and reproductive rights and equality. Aggravating the situation, during the Covid-19 crisis, the Brazilian government accelerated the process of hollowing out the access to contraception and legal abortion services in the public health system. This has taken many forms—the most serious being the issuing of an executive measure imposing new formal barriers to access the right to legal abortion (Ordinance No 2282 of 27 August 27 2020). By using the Reproductive Justice Framework as a critical lens, this chapter unearths the inequality dimensions of reproduction—exponentiated by the combination of the Covid-19 crisis and the government’s attacks on reproductive rights. Grounded in empirical data, it proposes the formulation of legal challenges to the Ordinance through the mobilization of the substantive equality approach. The equality-based argument envisioned in the chapter has as premise the idea that intersectional inequalities are related to social hierarchies and that equality, in turn, would demand the dismantling of such relations. It is argued that restrictions on abortion, when seen in context, emerge as issues that arise from, are permeated by, and perpetuate inequalities and, as such, should be legally treated accordingly.
Mattos, Alexandre Magalhães de et al, ‘Fake News in Times of COVID-19 and Its Legal Treatment in Brazilian Law’ (2021) 25(Special issue) Escola Anna Nery Article e20200521 Objective: to reflect on the legal treatment given to the Fake News cases related to COVID-19 in the field of Brazilian law. Method: Reflection study based on the consequences of applying the Brazilian legal framework to the Fake News cases on COVID-19. The sources come from another study with gaps left in the sense of applications by the legal system. For discussion, the framing of false news to the legal system was marked out. Results: They come from a previous study that identified and grouped as False News found in the Ministry of Health database by themes, a saber: speeches by health authorities, therapeutics, preventive measures, prognosis of the disease and vaccination. Final considerations and conclusion for practice: It was possible to conclude that the practice of sharing messages, images, audios and / or videos performed by several members of social networks, without the concern of verifying whether they are true, is an act that can be configured as a crime.
Melo, Milena Petters and Thiago Burckhart, ‘The rights of indigenous peoples in Brazilian Amazon during COVID-19 pandemic: National and internacional legal measures’ (2021) 2(64) Revista Juridica 235–260 Objectives: Taking in consideration the impact of the Covid-19 pandemic on Brazilian law, the aim of this article is to analyze the legal measures adopted by the Brazilian State in order to safeguard indigenous peoples in Brazilian Amazon, focusing on the effective responses to indigenous demands, both internally and internationally, during 2020.Methodology: The research, carried out within the scope of international academic cooperation, is methodologically grounded in the study of law as a constitutional policy, in dialogue with the sociological analysis of Law, which considers the interactions between constitutional and international level, using the hypothetical-deductive method. The hypothesis states that: 1) in the internal sphere, there are problems of applicability and effectiveness of the new legal measures, triggering the judicialization of indigenous rights; and problems of legitimacy, related to the adequacy of these legal measures to indigenous way of life and their participation in its drafting and application; and, 2) at the international level, the multidimensional crises in line with the pandemic crisis reduced the possibility of improving international cooperation among Amazonian countries, including through existing international organizations, fostering a form of transnational cooperation by non-governmental actors.Results: As a result, the hypothesis remain confirmed, and it points also to another problem, concerning the ‘time-lapse’ of the enacted measures.Contribution: The main contribution consists in highlighting the inadequacy dynamics of the legal measures adopted by Brazilian State aimed at safeguarding indigenous peoples in facing Covid-19 pandemic, both nationally and internationally.Keywords: Rights of Indigenous Peoples; Brazilian Amazon; Covid-19; Legal measures; International; International cooperation.
Moreira, Ana Beatriz Fernandes, Jackeline Lucas Souza and Francisca Yasmin de Aguiar Guedes, ‘Labor and Tax Impacts of Law No. 14.020/2020 amid Covid-19’ (2022) 21 Revista Catarinense da Ciência Contábil e3295–e3295 Abstract: The research aims to measure the labor costs and tax impacts arising from Law No. 14.020, of July 6th, 2020 (resulting from the conversion of Provisional Measure No. 936, of April 1st, 2020), which established the Emergency Program for Employment Maintenance and Income (relaunched by Provisional Measure No. 1.045, of April 27th, 2021), in agents: government, company, and employees. A case study was carried out with the textile industry, segregating the variables impacted by the adoption of the law regarding burdens and bonuses and regarding labor costs and tax impacts for the subjects involved. The company’s monthly working capital bonus, which is the object of this study, after the 25% reduction in working hours to the suspension of contracts, would vary, respectively, between 43.1 and 132.7 thousand reais, the counterpart of burden between 41.5 and 110.3 thousand reais in the government and between 3.4 and 28.2 thousand reais in employees. The option for suspension in March and April saved him 265.5 thousand reais and preserved 97.7% of his jobs. This research serves as a model for the application of options generated by the government in contingencies that affect the labor market, in addition to contributing to the literature as a diagnosis of the effects of these actions.
Nascimento, Luiz Sales do et al, ‘The Closure of the Brazilian-Venezuelan Border during the Covid-19 Pandemic: International Law Analysis of Ordinance No. 120 of March 2020’ [2022] Revista Direito e Práxis (advance article) Abstract: This study investigates how Regulatory Ordinance No. 120 of March 17, 2020, reflects the constitutional principles and international treaties recognized by Brazil. This Ordinance is a non-statutory regulation to fight COVID-19 seeking to prohibit the entry of people from Venezuela during this pandemic. This deductive investigation assumes that this measure is not supported by the national and international migration laws incorporated by Brazil. The legal justifications the act used as arguments were found to be inconsistent with the formal requirements for the act itself as per the Brazilian legal framework. Verification of its legal and technical justifications showed a lack of legal, scientific, and empirical support, turning the Ordinance into a target of criticism by Civil Society organizations. In light of national and international law, the analyzed instrument can be considered in breach of international technical guidelines for administering vulnerable migrant influxes as is the case of Venezuelans in Brazil.
Oakes, Anne Richardson, Ilaria DiGioia and Vanice Valle, ‘The Intersection of Federal, State and Local Government Responsibilities to Protect Public Health During the Pandemic in the United States and Brazil’ (2021) 24(36) JURIS POIESIS 274–279 Abstract: The United States and Brazil are federal countries with constitutions that diffuse regulatory power away from the centre in favour of state and local governments. In the absence of strong presidential leadership, the frontline of response has been at these lower levels but the result has been intra-governmental conflict concerning allocation of responsibilities and a patchwork of responses that have done little to promote public confidence in the ability of their governments to control the spread of the disease. In both countries public health emergency orders which have closed businesses and schools, required masks to be worn on public transport and in public places and at their most extreme, required citizens to stay at home or ‘shelter in place’ have generated law suits framed not only in terms of infringement of constitutional rights but also of separation of powers at both horizontal and vertical levels. This paper focuses specifically on the way in which management of the pandemic has generated intragovernmental conflict at the vertical level. It notes that in the United States two- tier constitution which recognises only federal and state governments and has nothing to say regarding local autonomy, local authorities seeking to put in place increased measures of public health protection have struggled to develop legal strategies that can withstand state gubernatorial opposition. This is not the case in Brazil where the Brazilian Constitution of 1988 gives municipalities equal federative partnership with states and the federal government, a status recently confirmed in relation to the management of the pandemic by two recent decisions of the Federal Supreme Court of Brazil (SFT)
Pereira, Eduardo G, Tolulope O Taiwo and Ngozi Chinwa Ole, ‘Addressing Residual Liability and Insolvency in Disused Oil and Gas Infrastructure Left in Place: The Cases of Brazil, Nigeria, and Trinidad and Tobago’ (2020) 11(2) Journal of Sustainable Development Law and Policy (The) 326–361 Abstract: This article analyses the decommissioning framework for oil and gas infrastructures in Brazil, Nigeria, and Trinidad and Tobago. It examines whether the existing provisions in each country are able to guarantee that the government and, by extension taxpayers, do not bear the costs of decommissioning and, the consequences of insolvency on residual liabilities. An additional motivation for this examination is the ongoing Coronavirus Disease 2019 (COVID-19), a pandemic with significant adverse impacts on the oil and gas industry. A likely consequence of the economic devastation from this is the insolvency of any party with decommissioning obligations.The article argues that the provisions of the Brazil petroleum legislation on the reversion of abandoned installations to the government could imply that taxpayers have to bear the residual liabilities without any compensation from the concerned concessionaires or contractors. It also argues that the provisions of the Petroleum Law to the effect that ‘the reversion of facilities does not entail any expense whatsoever for the Brazilian government ’does not certainly translate to pecuniary compensation to the latter for assuming the future residual liabilities from abandoned installations. The Nigerian and the Trinidad &Tobago Decommissioning Framework also suffer the latter risk of the government bearing the residual liabilities for such disused installations.In Nigeria, the framework is silent on who bears the residual liabilities for disused installations. However, it is argued that the provisions of the Production Sharing Contracts on the transfer of ownership to the Nigerian government implies that they would have to bear eventual liabilities for such disused installations. Even in cases where the licensee or contractor may bear the burden of residual liabilities, the problem of future insolvency and cessation of such companies may entail that taxpayers bear the burden of residual liabilities. The article concludes with key recommendations on how to address the identified gaps using lessons from best practices such as United Kingdom, Norway and United States of America. One of such proposals is on the allocation of liability where there is a transfer of interest. Another is for joint and several or at least secondary liability of responsible parties even after decommissioning activities are over; a recommended provision to this effect is also provided. The third recommendation is on how time-constrained residual liability can be used alongside lump sum payments to limit the State’s financial exposure for decommissioning costs.
Pinheiro, Victor Marcel, Marcelo Ilarraz and Melissa Terni Mestriner, ‘The Impacts of the COVID-19 Crisis on the Brazilian Legal System: A Report on the Functioning of the Branches of the Government and on the Legal Scrutiny of Their Activities’ (2020) 8(1–2) The Theory and Practice of Legislation 193–212 Abstract: The article aims to describe and examine the different responses to the current Covid-19 crisis taken by the top offices of political Branches in Brazil: federal executive, National Congress and the Supreme Court. The article will show that state-level officials took most public health actions in Brazil, what gave rise to a clash between the President and Governors about who has authority to decide about public health measures. The federal executive, so far, has been more concerned with the economic responses to the imminent mass unemployment and household crisis. The National Congress has adapted its deliberation operations moving to a ‘remote deliberation system’, with extremely short deadlines and not exclusively related to covid-19 issues. In practice, this has made almost daily debate and deliberation on both Chambers Floor possible about dozens of measures, which will be briefly described in the paper. Notwithstanding the unprecedented technological innovation, there is still room for improvement. The Brazilian Supreme Court has also taken important decisions in the current situation. The decisions restricted the federal executive authority to deal with the crisis: the Court ruled that Federal Law n° 13.979/2020 cannot restrain state and municipal authorities from adopting public health policies against the virus spreading; the federal executive cannot reduce the publicity of administrative acts during the crisis and it is prohibited from instructing or advertising the population against scientifically agreed measures as quarantines and shutdowns. This background shows that the responses to the coronavirus crisis in Brazil have been fragmented and institutionally disperse. One cannot point out a single, exclusive institution responsible for the public health responses to the current crisis in Brazil.
Pires de Vasconcelos, Natalia, ‘Business as Usual: Inequality and Health Litigation during the COVID-19 Pandemic in Brazil’ in Sabrina Germain and Adrienne Yong (eds), Beyond the Virus: Multidisciplinary and International Perspectives on Inequalities Raised by COVID-19 (Bristol University Press, forthcoming 2024)
Pires de Vasconcelos, Natalia, Maíra Rocha Machado and Daniel Wang, ‘COVID-19 in Prisons: A Study of Habeas Corpus Decisions by the São Paulo Court of Justice’ [2020] Revista de Administração Pública (forthcoming) Abstract: Brazil has become the epicenter of the COVID-19 pandemic in the Global South—a pandemic that disproportionately affects vulnerable populations, especially those detained and imprisoned. Legal institutions are struggling to respond. In this paper, we focus on the National Council of Justice’s Recommendation 62, issued March 17, 2020, which recommends that judges take several measures to reduce the risk of COVID-19 infection in prisons. We test this recommendation’s impact by looking at habeas corpus decisions in the São Paulo Court of Justice. The exploratory findings presented here indicate that Recommendation 62 has little impact on habeas decisions. In general, citing the recommendation does not lead the Court to grant early release or house arrest to those detained, and most habeas actions are decided against petitioners. This is true even when petitioners claim to be part of a risk group or their alleged offense did not involve violence or serious threat—factors that should favor habeas relief under Recommendation 62.
Porto, Tiago Couto et al, ‘First 100 Days of Brazilian COVID-19 Policy’ in Aleksandar Stojanović, Luisa Scarcella and Christina R Mosalagae (eds), The First 100 Days of Covid-19: Law and Political Economy of the Global Policy Response (Springer Nature, 2023) 399–428 Abstract: The beginning of the COVID-19 pandemic initiated a global cascade of policy responses for the disruptions it created. In Brazil, these disruptions took place amidst intense economic and political turmoil. Since 2015, the Brazilian economy had been struggling to recover from the economic crisis that began during President Dilma's administration and was reinforced by the contested Impeachment process that put an end to her government in 2016. The crisis was further aggravated by President Temer's politically fragile interim government (2016–2018), which was teeming with corruption scandals, and bet on fiscal economic reforms to circumvent the economic depression. The political scenario was of utmost polarization, with the massive spread of fake news and institutional conflicts between the executive, the legislative, and the judiciary. In this context of political instability and considerable rise in inequality and poverty, Brazil elected in 2018 the extreme-right leader Jair Messias Bolsonaro to become the president of the country.
Reis, Mari Aurora Favero et al, ‘Knowledge Management in the Classroom Using Mendeley Technology’ [2022] The Journal of Academic Librarianship Article 102486 (advance article, published online 29 January 2022) Abstract: Research in higher education institutions is present in all courses, and academic instruction in research methodology is vital, with educational technologies being an essential component of this process. With the Covid-19 pandemic, there were changes in teaching, learning, and in performing scientific research in undergraduate courses. Among the technologies, the Mendeley reference management tool has become increasingly helpful in these contexts. Therefore, this manuscript is an account of workshop experiences for the use of the Mendeley tool in the teaching of Research Methodology and Scientific Methodology offered in the distance education modality in undergraduate courses at the Universidade do Contestado, Brazil. After basic instruction on Mendeley, students participating in the workshops were guided to apply the tool using Bardin’s content analysis technique. This technique is usually laborious and seldom involved in literature reviews by undergraduate students; Mendeley technology makes it more accessible. From experiences with the 2020 and 2021 workshops, during the COVID-19 pandemic, it is suggested that the content analysis method combined with the Mendeley technology can help students present better literature reviews, especially for final graduation projects such as course completion monographs.
Ribeiro, Amadeu, ‘Brazilian Competition Law and M&A: Key Elements to Bear in the Current Context of the Global Economy’, Competition Policy International (9 December 2020) Abstract: The level of antitrust scrutiny of M&A transactions in Brazil has significantly increased over the past few years, with several transactions..
Rondon, Gabriela, Debora Diniz and Juliano Zaiden Benvindo, ‘Speaking Truth to Power: Legal Scholars as Survivors and Witnesses of the Covid-19 Maternal Mortality in Brazil’ (2022) 20(3) International Journal of Constitutional Law 1360–1369 Abstract: The Covid-19 health emergency has placed special demands on legal scholars, particularly on those based in the Global South. Brazil has been one of the epicenters of the pandemic, with over 680,000 deaths as of August 2022. Our narrative emerges from the duality of our positions amid a national tragedy—we are at the same time survivors of the collective threat of a would-be autocrat and a Covid-19-denialist government, and witnesses to how our preexisting privileges put us in a position of readiness ‘to speak truth to power.’ Speaking truth to power means not only to exercise an independent spirit of analysis and judgment with respect to power, but also to interpellate power openly about its wrongdoings. We understand that our responsibility as legal scholars is to embrace the urgency of the moment—to expand our research agendas beyond our previous academic trajectories and work to mitigate situations of rights violations. It also means that our work as legal scholars has had to transcend the traditional academic spaces. We have positioned ourselves as advocates and litigators for those most affected by the pandemic, in particular vulnerable women. In this article, we share one of our key initiatives during the pandemic—a constitutional lawsuit to demand the right of pregnant and postpartum people to access Covid-19 vaccines.
Sabadell, Ana Lucia and Thamires Vieira, ‘Isolation and “Toxic” Privacy In Times Of Pandemic: Female Suffering’ (2020) 2(2) Humanities and Rights Global Network Journal 25–41 Abstract: The practice of self-isolation as a preventive and combat measure against the Covid-19 virus brought up the discussion about domestic violence practiced against women in Brazil. The author understands that the legal protection of intimacy favors the process of denial of this type of violence and presents a reflection on the practical measures that can be taken to face violence against women in the current pandemic context.
Saito, Carlos Hiroo, Anne-Elisabeth Laques and Aneta Afelt, ‘The world after Covid-19: vulnerabilities, uncertainties, and socio-environmental challenges’ (2020) 34(2) Revista Justiça do Direito 52–104 Abstract: The text brings reflections on the challenges posed to the world due to the pandemic, both for its face of fear, amplified by the cacophony of political decisions, but also from the perspective of mutual aid and hope for a better future. The analysis of the pandemic impact on society is based on vulnerability framework. Three angles of analysis are adopted: ‘Exposure’ is approached from the blocks to displacement and lockdown; ‘Sensitivity’ is treated from the point of view of social inequalities, the weakened Welfare State, and strategies of herd immunity; The ‘capacity of response’ is addressed by the role of science and democracies in the face of the crisis. The pandemic vulnerability analysis is based on examples mainly from Brazil, France, and Poland. Based on this vulnerability, it is proposed to rethink sustainable development and the environment: what lessons for the future can we learn from the crisis?
Sátiro, Renato Máximo, Jessica Vitorino Martins and Marcos de Moraes Sousa, ‘The Courts in the Face of the COVID-19 Crisis: An Analysis of the Measures Adopted by the Brazilian Judicial System’ (2021) 12(2) International Journal for Court Administration Article 10 Abstract: The crisis caused by COVID-19 has triggered a series of changes at the global level, resulting in a rapid change in the way social relations are organized. The state is no exception to this complex scenario, and is responsible for making available to citizens the various administrative provisions essential to life in society, one of which is justice. In this context, the aim of the present work is to analyse the institutional response of the judiciary branch in Brazil to the pandemic period of the new coronavirus, contrasting the normative actions taken by the judiciary with the results obtained with these interventions. To that end, at first, the main regulations that have underpinned the conduct, positioning and action of the judiciary since the beginning of the crisis in Brazil, which occurred in March 2020, were collected and analysed in a total of 57 official documents issued by the Brazilian justice authorities. A posteriori, the report ‘Assessment of the impacts of the pandemic caused by COVID-19 on the court’s work processes’ was analysed, which includes analyses related to the adoption of rules relevant to issues of administrative management, procedural management and also the perceptions of impacts and difficulties due to the pandemic, as well as the other official documents published by the National Council of Justice – CNJ that provides statistics about the judicial indicators in times of pandemic. The data show a fast and comprehensive performance in the various fields in which justice operates, revealing a concern with health, social, administrative issues, among other aspects. The Judiciary has acted in an administrative unit, based on the regulations of a higher authority or of higher courts.
Silva, Jameson Martins da and Deisy de Freitas Lima Ventura, ‘Between Science and Populism: The Brazilian Response to COVID-19 from the Perspective of the Legal Determinants of Global Health’ (2020) 17(2) Revista de Direito Internacional 67–83 Abstract: A populist government has been held accountable for the 120 thousand preventable deaths in Brazil so far, due to the Covid-19 pandemic. Domestic law has played a major role in the pandemic response, both as an opposing force and as an instrument of populism and denialism. The international legal sphere has, for its turn, provided an alternative of resistance against the latter. This piece assesses the Brazilian response in the light of the Legal Determinants of Health framework, put forward by The Lancet-O’Neill Institute of Georgetown University Commission on Global Health and Law. The two first sections unfold the origins and contents of the legal determinants of health. The third offers a brief account of the Brazilian experience during the pandemic, stressing the far-right populist agenda of the federal government. The last section explores the legal aspects of the response, in its domestic and international dimensions. Lastly, we pinpoint some preliminary conclusions we may draw from the pandemic experience thus far, in particular by the interplay of populism and global health law.
Souza, Antonio, ‘Coronavirus and Constitutional Jurisdiction’ (SSRN Scholarly Paper No ID 3709063, 7 March 2020) Abstract: This article aims to understand the coronavirus pandemic in the light of comparative law in a jurisprudential analysis between Brazil and Germany.
Sthel, Marcelo S et al, ‘Dichotomous Analysis of Gaseous Emissions as Influenced by the Impacts of COVID-19 in Brazil: São Paulo and Legal Amazon’ (2021) 193 Environmental Monitoring and Assessment Article number 834 Abstract: Atmospheric contaminants severely impact air quality in large global urban centers. The emergence of COVID-19 in China in December 2019 and its expansion around the world reduced human activities on account of the implementation of a social isolation policy. In Brazil, COVID-19 arrived in February 2020, and a policy of social isolation was adopted in March by state governments; this work aimed to evaluate pollutant gas emissions in Brazil in the face of the pandemic. In the city of São Paulo, the concentrations of nitrogen dioxide (NO2) and carbon monoxide (CO) were analyzed at three automatic monitoring stations of the Environmental Company of the State of São Paulo (CETESB). In this way, reductions in concentrations of these gases were observed after the decree of social isolation on March 24, due to a noticeable drop in vehicle traffic in the city. A reduction in concentrations of NO2, between 53.6 and 73%, and a decrease in concentrations of CO, from 50 to 66.7%, were obtained at the monitoring stations. Another impact caused by COVID-19 was the increase in deforestation and fires was identified in the Brazilian Legal Amazon after social isolation, due to the decrease in the inspection of environmental agencies. The fires produce thermal degradation of the biomass, generating polluting gases and material particulate. These atmospheric contaminants are extremely harmful to the health of Amazonian populations. Summed to the expansion of COVID-19 in this region, all these factors combined cause the public health system to collapse. CO2eq emissions increase estimates, according to the Greenhouse Gas Emissions Estimation System technical report, ranged from 10 to 20% in 2020, compared to those from 2018. If Brazil maintains deforestation at this pace, it will be difficult to meet the emission reduction targets agreed at COP21.
Stuber, Walter, ‘Brazil: COVID-19 - Insolvency Lawsuits’ (2020) 35(8) Journal of International Banking Law and Regulation N89–N90 Abstract: Highlights the 31 March 2020 publication by the President of Brazil’s National Council of Justice of Recommendation No.63/2020, detailing six guidelines to mitigate the impact of restrictions introduced in response to the coronavirus pandemic, and relating to courts dealing with bankruptcies and business recovery actions. Summarises the main recommendations, including that general face-to-face meetings with creditors be suspended.
Stuber, Walter, ‘Purchase and Sale of Private Assets by the Central Bank of Brazil during the COVID-19 Pandemic’ (2020) 35(10) Journal of International Banking Law & Regulation N120–N122 Abstract: Notes the June 2020 publication by the Board of the Central Bank of Brazil of Circular No.4.028 governing the purchase and sale of private assets by the Central Bank in the Brazilian secondary markets during the coronavirus pandemic. Details the range of assets to which the rules apply, the use of public offerings, the role of risk management, the classification of companies by their gross operating revenues, and the concentration limits.
Stuber, Walter, ‘The Effects of Coronavirus on Financial Statements in Brazil’ (2020) 35(6) Journal of International Banking Law & Regulation 56–57 Abstract: Introduction: The Brazilian Securities and Exchange Commission (Comissão de Valores Mobiliários —CVM) has closely monitored the impacts of coronavirus in the world capital markets and particularly in the Brazilian market. Given the interconnectivity of the global production chain, some entities regulated by CVM may be subject to economic and financial impacts arising from the epidemic. Such impacts should be, to the possible extent reflected, in the financial statements of companies registered with CVM.
Tito, Maira and Caroline LIMA FERRAZ, ‘COVID-19 Litigation in Brazil’ (2021) 1(1–3) Legal Policy and Pandemics: The Journal of the Global Pandemic Network 279–286 Abstract: The purpose of this report is to analyze the judicial review of legislative and administrative acts in Brazil during the Covid-19 pandemic. Departing from the empirical evidence collected, it focuses on three main aspects: 1. The general characteristics of the judicial review of legislative and administrative acts during the pandemic; 2. The intensity of the judicial review, compared to before the pandemic; 3. Whether the pandemic has redesigned the role of the courts compared to before the pandemic. The framework is the Brazilian constitutional court, Supremo Tribunal Federal, and its rulings regarding the competencies of the three levels of the Brazilian federation, federal, state and municipal. The sources are legislative and administrative acts published in the official gazettes of the federal, state, and local governments and the official website of the Supremo Tribunal Federal. Regarding the political declarations and events related to the coronavirus outbreak, the source is the newspaper Folha de S. Paulo. Through an applied research methodology, using qualitative and quantitative analysis, this report will present conclusions regarding the role played by the Constitutional Court in the redesign of Brazilian federative system during the Covid-19 pandemic.
Varella, Marcelo Dias and Katia Adriana Cardoso de Oliveira, ‘The Flexibilization of Intellectual Property Rights in Cases of Health Crises: A Case Study of Brazil in the Face of the AIDS and COVID Sanitary Crises’ (2024) 27(3) Journal of World Intellectual Property 563–575 Abstract: Intellectual property (IP) law is traditionally considered rigid, with little room for maneuvering in crisis cases. In this article, through three case studies, we discuss how health crises have affected IP rights, especially in Brazil, and the relationship of Brazilian decision‐making with internationally accepted legal frameworks. In the first case, on the AIDS crisis, we discuss the initiatives of compulsory licenses in Brazil and the debate on the Doha Declaration on public health, in which the international community recognized the national margin of appreciation of TRIPs in specific cases, making the Brazilian government’s action viable. In the second case, on COVID, we discuss some proposals for waiver of IP rights that, although not effectively implemented, were important to pressure economic players to find solutions to transfer technology and expand the production of newly discovered vaccines, with the transfer of technology and expansion of Brazilian vaccine factories. In the third case, also on COVID, we discuss how the health crisis induced the Brazilian Judiciary, Executive, and Legislative branches to change different points of the IP law that had been under discussion for many years and reduced the extent of these rights, to increase access to medicines, but limited by international minimum standards. We conclude that IP law is essential for developing new drugs to deal with health crises. At the same time, these crises are essential for constructing Law that prevents abuses by dominant economic actors.
Vaz Lopes, André, ‘What Can the World Learn from Brazil about What Not to Do to Beat a Pandemic?’ (SSRN Scholarly Paper No ID 3821914, 7 April 2021) Abstract: This brief comment aims to discuss some errors of the Brazilian government in combating the pandemic caused by SARS-CoV-2 in contributing to the expansion of knowledge not only about what should be done by governments, but also about what should not be done in coping with the health crisis. Although the main focus is related to actions to combat COVID-19, the discussion presented is not restricted to decisions explicitly made in the pandemic management and mainly involves Brazilian national macro-agendas on political leadership and public management.
Ventura, Deisy de Freitas Lima, Fernando Mussa Abujamra Aith and Danielle Hanna Rached, ‘The Emergency of the New Coronavirus and the “Quarantine Law” in Brazil’ (2021) 12(1) Revista Direito e Práxis 102–139 Abstract: Law no. 13,979, of February 6, 2020, regulates public health measures related to the emergence of the new coronavirus with high potential to restrict fundamental rights, including quarantine and isolation. This critical analysis addresses the international dimension of the emergency, and the casuistic and anti-democratic procedure of the Brazilian law. Based on health law principles and the epidemiological legislation in force, it scrutinizes restrictive measures and safeguards for its implementation.
Wei Liang Wang, Daniel, Gabriela Moribe and Ana Luiza Gajardoni de M. Arruda, ‘Is Mandatory Vaccination for COVID-19 Constitutional under Brazilian Law?’ (2021) 23(1) Health and Human Rights Journal 163–174 Abstract: Mandatory vaccination for COVID-19 has been the object of heated debate in Brazil. This article discusses the legality and constitutionality of such a policy. First, it analyzes the laws, regulations, and Supreme Court decisions that provide for the possibility of mandatory COVID-19 vaccination. Subsequently, it analyzes the constitutionality of a mandatory vaccination policy through the proportionality method to address the conflict between, on one side, the right to individual autonomy, which includes the right to refuse a medical intervention, and, on the other, health policies that interfere with individual autonomy to protect the rights to life and health. The application of this method allows for the identification of key questions that need to be answered to determine the constitutionality of a mandatory vaccination program. These questions cannot be answered a priori and in the abstract because they depend on the concrete circumstances of the pandemic, on the characteristics of the vaccine(s) against COVID-19, and on how a mandatory vaccination policy might be designed and implemented by authorities.
Zingales, Nicolo, ‘A Stronger Claim to Data Protection During Pandemics? Leveraging the American Convention on Human Rights Against Governmental Inaction: A Brazilian Case-Study’ (2021) 14(3) Revista de Direitos Fundamentais & Justiça 427–462 Abstract: This article presents a case-study to illustrate the crucial importance of an effective data protection law in the fight against pandemics, and critically assess the extent to which the absence of such framework may amount to a violation of the American Convention of Human Rights. The analysis focuses on Brazil as an emblematic example, as the country has been facing the pandemic without being able to rely on a comprehensive and properly supervised data protection law, while also failing to adopt data-driven responses which could have helped to raise awareness and prevent the spread of the virus. Although the relationship between the adopted policies and the unwavering rise of contagions and deaths is one of correlation, and not necessarily causation, it is argued that an examination of the facts through the lenses of the Convention and its case-law could give sufficient grounding to a claim of responsibility for failure to ensure sufficient protection to the right to privacy, life and integrity. To substantiate such claim, the article begins by describing the Brazilian government´s approach towards the health risks raised by the pandemic (Section 2), and highlighting the privacy and data protection questions raised by technological solutions that are dependent on the collection and use of personal data (Section 3). It follows with an overview of the troubled process of entry into force of a general data protection law in the country, and of a Supreme Court ruling that invalidated the government´s attempt to make use of personal data in order to gather evidence for the adoption of economic measures (Section 4). Finally, having explained the nature of the positive obligations assumed by States that are parties to the Convention, the article examines whether the Brazilian data protection framework has proven fit for purpose during the pandemic (Section 5), and concludes with lessons learned from this case-study (Section 6).
Chile
Coglianese, Cary and Neysun A Mahboubi, ‘Administrative Law in a Time of Crisis: Comparing National Responses to COVID-19’ (2021) 73(1) Administrative Law Review 1 Abstract: Beginning in early 2020, countries around the world successively and then together faced the same rapidly emerging threats from the COVID-19 virus. The shared experience of this global pandemic affords scholars and policymakers a comparative lens through which to view how differences in countries’ governance structures and administrative responses affected their ability to manage the various crisis posed by the pandemic. This article introduces a special series of essays in the Administrative Law Review written by leading administrative law experts across the globe. Case studies focus on China, Chile, Germany, Italy, New Zealand, South Africa, and the United States, as well as the World Health Organization. Although the pandemic and its consequences remain ongoing problems, this issue seeks to elucidate the regulatory challenges that countries have faced in common, and to compare approaches and distill lessons that might be transferrable across jurisdictions. From the essays in this special issue emerge at least four key lessons. First, it is clear that a global pandemic demands effective national and local governance. Second, regulations must be adaptable and responsive in the face of fast-moving public health threats. Third, emergency executive powers must be limited and subject to oversight and sunsetting. Finally, as much as administrative law can affect countries’ ability to craft effective responses to public health emergencies, responsible public leadership undoubtedly matters most of all. These four lessons can help guide efforts by lawmakers and policy advisors to prepare more nimble and effective regulatory approaches to respond to viral outbreaks and other public health threats. Even when the current global pandemic eventually recedes, the Administrative Law Review’s special issue on national responses to the COVID-19 crisis can provide a basis for reflection and renewed momentum toward strengthening international public health institutions and regulatory cooperation around the world.
Freier, Luisa Feline and Marcia Vera Espinoza, ‘COVID-19 and Immigrants’ Increased Exclusion: The Politics of Immigrant Integration in Chile and Peru’ (2021) 3 Frontiers in Human Dynamics Article 606871 Abstract: The COVID-19 pandemic has put into sharp relief the need for socio-economic integration of migrants, regardless of their migratory condition. In South America, more than five million Venezuelan citizens have been forced to migrate across the region in the past five years. Alongside other intra-regional migrants and refugees, many find themselves in precarious legal and socio-economic conditions, as the surge in numbers has led to xenophobic backlashes in some of the main receiving countries, including Chile and Peru. In this paper, we explore in how far the COVID-19 crisis has offered stakeholders an opportunity to politically reframe migration and facilitate immigrant integration or, rather, further propelled xenophobic sentiments and the socio-economic and legal exclusion of immigrants.
Rojas, Javiera et al, ‘The Deepening of an Economic and Political Crisis: The First 100 Days of COVID-19 in Chile’ in Aleksandar Stojanović, Luisa Scarcella and Christina R Mosalagae (eds), The First 100 Days of Covid-19: Law and Political Economy of the Global Policy Response (Springer Nature, 2023) 429–462 Abstract: When the Covid-19 pandemic arrived in Chile, it deepened the economic, political and social crisis that sparked the October 2019 mass mobilizations against the government, answered with violent police repression. The sanitary emergency allowed Sebastián Piñera’s administration to put on hold the political dispute, reinstating Martial Law to contain the civil unrest that was still active; to bypass the parliamentary opposition through extraordinary constitutional powers; to strengthen its economic agenda, injecting liquidity to small and medium companies through tax breaks and cheap credits; and to use funds from the social security system to partially pay for salaries and compensate for the limited relief packages, thus subsidizing capitals. As such, the pandemic developed as a continuation of the previous crisis, in which the government could further enforce economic policies that impoverished the Chilean working class while protecting the local capital, militarizing the public space to control the opposition.
Uribe, Rodrigo Momberg and Alberto Pino Emhart, ‘The Impact of Covid-19 in Chilean Contract Law’ [2020] Opinio Juris in Comparatione (pre-print) Table of contents I. Introduction II. Administrative regulations enacted to deal with the crisis 1. Consumer contracts and SERNAC’s directives 2. Consumer credits and CMF’s directives 3. Construction contracts with the State 4. CGR and contracts with the State. Dictamen No. 6854-20 5. Chile Compra and contracts with the State III. General contract law 1. The Chilean Civil Code. A strong recognition of pacta sunt servanda 2. Force majeure3. Change of circumstances (teoría de la imprevisión) 3.1. Legal doctrine 3.2. Case law 3.3. Perspectives
Villagran, Michele AL and Marcelo Rodriguez, ‘COVID-19 in Latin America and the Caribbean: Experts Examining Legal Responses’ (2021) 46(3) Canadian Law Library Review 10–15 Abstract: Since March 2020, a group of librarians, professors, and legal professionals have been monitoring legal responses to COVID-19 throughout Latin America and the Caribbean. Each member of the project is currently following various countries within this region. In this article, the authors will describe how the project was created and highlight the initial challenges in terms of securing and evaluating trustworthy sources of information in the middle of a pandemic. The authors will summarize the legal responses and any disinformation issues within the countries they have been monitoring: Argentina, Chile, Uruguay, Peru, Bolivia, and Paraguay. Finally, the article will conclude with the authors enumerating the achievements of the group as well as future plans for the project.
Zagmutt, Valentina and Martín Böhmer, ‘COVID-19, Public Health, and Criminal Law: Criminalising Non-Compliance with Quarantines in Chile and Argentina’ (Southern Voice, Occasional Paper Series No 74, 14 September 2021) Abstract: This study presents a comparative analysis of the use of criminal law to enforce compulsory preventive social-isolation measures, or quarantines, in the context of the COVID-19 pandemic in Chile and Argentina. Because the use of criminal law to enforce quarantines is a public policy decision, it should be subject to public accountability. At the same time, the use of criminal law to guarantee the right to health can seriously affect the right to liberty. This clash must be considered when assessing the enforcement of social-isolation measures, given that the criminalisation of non-compliance may disproportionately affect certain sectors of the population, particularly those experiencing problems with housing and regular employment. Our study finds that in Argentina, where criminal prosecution of quarantine violators was most intense during the first months of the pandemic but declined over time, and where most criminal prosecutions ultimately did not go forward, there is no evidence of discrimination by socio-economic level or geographical area. In Chile, by contrast, criminal prosecution was effective and continuous, with an unequal incidence among population groups. Overall, the results show that differences in how laws related to social isolation were implemented negatively impacted the most vulnerable sectors.
Columbia
Acosta-Navas, Juan Pablo, ‘International Humanitarian Law and COVID-19 in Colombia: The Construction of Peace in the Post-agreement and Post-pandemic Period’ (2022) 29(53) Ánfora 141–162 Abstract: IHL, beyond its legal-normative component, has great ethical and political potential to contribute to peace building in Colombia and thus strengthen the precarious exercise of citizenship deficient in contexts such as Latin America. The effects of the COVID-19 pandemic, despite its unpredictability, may constitute an opportunity to enhance the value and conditions of human life, and contribute to the construction of a more just and peaceful society based on the paradigm of imperfect peace.
Barker, Kim, Enrique Uribe-Jongbloed and Tobias Scholz, ‘COVID-19 and the “Myriad”: A Comparative Assessment of Emergency Responses from Europe and South America’ (2021) 1(1) Legalities 116–143 Abstract: The COVID-19 pandemic has highlighted – across intricate borders, different geographies, and legal jurisdictions – that there is only so much that can be done in the way of governance to tackle the challenge posed by a virus. The pandemic is a global problem, one which has affected almost every country in significant and seldom-felt ways. Governments have been forced to react, to respond with emergency measures, temporary rules and legislation, and impose restrictions on freedoms. It has brought to the fore a range of responses, locally, regionally, nationally, and internationally. What is particularly evident across the unfolding of the pandemic is the divergent approaches in introducing governance measures to control behaviour, to share data and information, and to report on the pandemic while holding decision-makers to account. Much of the reporting of government reactions to the pandemic has focussed on emergency restrictions, lockdowns, the suspension of ‘normal’ gatherings, public health data, and tracing apps. Each of these is bundled up with concerns over the interferences with freedoms, a lack of scrutiny and holding to account of governance bodies and lawmakers, and privacy concerns. The new ways of working, governing, and communicating emergency rules is a COVID-19 legacy for governments, but is it one that will shift our expectations? The balance between fundamental freedoms has been – to an extent – pitted against the public health agenda and the nature of the emergency response by governments across the world, but particularly in Germany, the UK, and South America. This article explores the nature of the government responses through emergency measures (and restrictions) and tracing programmes in three countries: Germany, the United Kingdom, and Colombia. The assessment – and comparison – of three countries, across two diverse regions – offers a unique discussion from the perspective of pandemic responses to the COVID-19 emergency. The pandemic itself provides an opportunity to compare countries, governance responses, and legalities that may not otherwise be possible. The myriad of responses seen throughout the pandemic offers a unique opportunity for comparative discussion – this paper provides that discussion, but in so doing, assesses whether it is possible to recommend a ‘one size fits all’ approach to governance emergencies.
Brand, Isué Natalia Vargas, ‘An Overview of the Colombian Contract Law, in Times of the Covid-19 Pandemic’ [2020] Opinio Juris in Comparatione (pre-print) Abstract: This paper notes the potential contract law rules applicable in the Colombian legal system to contracts affected by the economic crisis caused by the Covid-19 pandemic. Also, it points out the different temporary Decrees enacted by the Colombian government to mitigate the effects of the pandemic in Contract Law.
Cooney, Sean et al, ‘OSH and the COVID-19 Pandemic: A Legal Analysis’ (Northeastern University School of Law Research Paper No 434, 26 April 2023) Abstract: This study provides an analysis of how occupational safety and health (OSH) regulation responded to the circumstances of key workers during the COVID-19 pandemic. It explains the objectives of OSH regulation, including its main elements and how it has evolved over time. It draws from national country studies from Africa (Rwanda); Asia (China, Japan, Republic of Korea); Europe (Italy, Spain, United Kingdom); North America (United States) and South America (Brazil, Colombia) to explain how different jurisdictions address safety and health in their regulatory frameworks and how these frameworks operate in practice, including during the COVID-19 pandemic.
Gallego, Jorge A, Mounu Prem and Juan F Vargas, ‘Corruption in the Times of Pandemia’ (SSRN Scholarly Paper No ID 3600572, Social Science Research Network, 13 May 2020) Abstract: The public health crisis caused by the COVID-19 pandemic, coupled with the subsequent economic emergency and social turmoil, has pushed governments to substantially and swiftly increase spending. Because of the pressing nature of the crisis, public procurement rules and procedures have been relaxed in many places in order to expedite transactions. However, this may also create opportunities for corruption. Using contract-level information on public spending from Colombia’s e-procurement platform, and a difference-in-differences identification strategy, we find that municipalities classified by a machine learning algorithm as traditionally more prone to corruption react to the pandemic-led spending surge by using a larger proportion of discretionary non-competitive contracts and increasing their average value. This is especially so in the case of contracts to procure crisis-related goods and services. Our evidence suggests that large negative shocks that require fast and massive spending may increase corruption, thus at least partially offsetting the mitigating effects of this fiscal instrument.
García, Helena Alviar, ‘The Interaction of Laws Enabling Gender Equality with Other Legal Regimes: Limiting Progress in Times of Crisis’ in Shreya Atrey and Sandra Fredman (eds), Exponential Inequalities: Equality Law in Times of Crisis (Oxford University Press, 2023) 200 Abstract: The chapter analyses women’s precarious access to work before and during the Covid-19 crisis. It explores gendered access to work in one of the most important sectors of the Colombian economy: mining. Along with the economic challenges that Colombian women faced before Covid-19, the legal tools available to attack diverse sources of inequality were superficial, lacked sufficient public resources, and demanded very little from the private sector. Therefore, once faced with a crisis of the magnitude of the pandemic, legal instruments remained weak and insufficient. As women’s access to mining jobs illustrates, existing legal and institutional problems invite us to move beyond promises of equality law alone and focus instead on the assignment of public resources, the strength of institutions designed to deploy and distribute those resources across gender lines, and the use of policies targeted towards women in the informal sector.
Gaviria-Mira, Julián and Esteban Hoyos-Ceballos, ‘Dealing with the Pandemic and Social Unrest: A Stress Test for Colombian Institutions’ in Joelle Grogan and Alice Donald (eds), Routledge Handbook of Law and the COVID-19 Pandemic (Routledge, 2022) 156 Abstract: This chapter makes a critical reconstruction of the Colombian institutional response to the COVID-19 pandemic. This response was undertaken in the midst of very difficult economic and social conditions and was characterised by an authoritarian drift by the Colombian government. These difficult conditions and this drift can be synthesised in the following elements: (i) the pandemic was accompanied by a severe economic crisis; (ii) this economic crisis particularly affected the most vulnerable which, in turn led to (iii) a social outburst; (iv) the government turned to emergency measures and the restriction of human rights (both to cope with the pandemic and the social unrest); and (v) all this was accompanied by a weak response from the public authorities called upon to control the executive.
Petri, Dennis P and Teresa Flores, ‘The Impact of COVID-19 on Religious Regulation in Colombia, Cuba, Mexico, and Nicaragua’ (2023) 16(1) The International Journal for Religious Freedom (IJRF) 31–56 Abstract: In Latin America and globally, drastic sanitary measures were taken to combat the coronavirus. In this study, we investigate the consequences of these sanitary measures for religious regulation. We compare the situation before and after the sanitary measures taken in four Latin American countries (Colombia, Cuba, Mexico, and Nicaragua). We conclude that the COVID-19 measures mainly restricted the collective dimension of freedom of worship, bringing religious regulation to similar levels as that in some authoritarian regimes. We also found evidence that some governments took advantage of the situation to increase their repression of religious groups.
Sandoval, Clara, Michael Cruz and Camila Ruiz Segovia, ‘Victims’ Participation in Times of Covid-19 in Transitional Justice Accountability Mechanisms: What Is Needed for Virtual Hearings to Fulfil This Right? The Case of Colombia and the Special Jurisdiction for Peace’ in Carla Ferstman and Andrew Fagan (eds), Covid-19, Law and Human Rights: Essex Dialogues (School of Law and Human Rights Centre, University of Essex, 2020) 73–81 Extract from Introduction: This paper explores some of the challenges faced by victims to ensure that their right to participate in transitional justice accountability mechanisms remains a reality in times of Covid-19. In particular, it considers victims’ participation through the use of information and Communication Technologies (ICTs), particularly virtual hearings. The paper looks at these issues in the context of the work of the Special Jurisdiction for Peace in Colombia, an accountability mechanism established by the Peace Agreement signed between the Colombian government and the Revolutionary Armed Forces of Colombia (Fuerzas Armadas Revolucionarias de Colombia or FARC) in 2016.
Costa Rica
Abbas, Muhammad Zaheer, ‘Treatment of the Novel COVID-19: Why Costa Rica’s Proposal for the Creation of a Global Pooling Mechanism Deserves Serious Consideration?’ (2020) 7(1) Journal of Law and the Biosciences Article lsaa049 Abstract: The COVID-19 is causing not only deaths and fear but also economic and social harm across the globe. Lockdowns, travel restrictions, quarantines, social distancing, and other strict public health measures are playing their part in delaying the spread of infection, but a safe and potent vaccine, effective therapeutics, point-of-care diagnostics, and other health products are desperately needed because it may not be practically possible for governments to extend these measures for an indefinite period of time. On March 23, Costa Rica submitted a proposal to the Director-General of the World Health Organization for the creation of a global pooling mechanism in order to facilitate access to and use of intellectual property, trade-secret know-how, regulatory data, cell lines, product blueprints, and other proprietary data for technologies that are useful for the detection, prevention, control, and treatment of the COVID-19 pandemic. This study critically evaluates Costa Rica’s proposal and endeavors to briefly answer the following questions: Why Costa Rica’s proposal deserves serious consideration? To what extent this proposal addresses some of the key concerns related to the COVID-19? To what extent this proposal is practically feasible?
Cuba
Ecuador
Binder, Christina, ‘Emergencies in the Inter-American Human Rights System: The Example of Ecuador in Times of COVID-19’ (SSRN Scholarly Paper No 4807343, 20 April 2024) Abstract: The paper examines the handling of emergencies in the Inter-American human rights system, by using Ecuador’s response to the COVID-19 pandemic as an example. It argues that human rights and rule of law guarantees are critical safeguards to deal with states of emergency. From a substantive human rights perspective, the paper highlights the importance of absolute limits, proportionality assessments and non-discrimination considerations; from a procedurally/rule of law-oriented perspective, it emphasizes the significance of effective remedies and an independent judiciary. Guarantees at the domestic level are required by the regional emergency constitution (Article 27 of the American Convention on Human Rights) as well as by Article 4 of the International Covenant on Civil and Political Rights. The practical importance of such domestic safeguards/guarantees is shown in the case of Ecuador where careful crisis management in particular by the Ecuadorian Constitutional Court has responsibly contained executive emergency powers also in times of COVID-19.
Clark, Ian and Dimitrios Lyratzakis, ‘Towards a More Robust Sovereign Debt Restructuring Architecture: Innovations from Ecuador and Argentina’ [2020] Capital Markets Law Journal Article kmaa032 (advance article, published 28 December 2020)
García, Lissangee Stefanía Mendoza and Rubén Méndez Reátegui, ‘The Exceptional Preventive Agreement: Legal Solution for Companies in Crisis Due to the COVID-19 Pandemic?’ (2021) 55 REVISTA CONTEXTO 49–58 Abstract: In Ecuador has been enacted the Humanitarian Support Law to face the crisis generated by the COVID-19 pandemic. This law establishes an exceptional preventive agreement with procedures to combat the crisis that the commercial sector is going through. However, a series of questions arise that motivated the preparation of this contribution. Among these questions, are these procedures -really- implemented as the right solutions to business crises? Furthermore, can effective alternatives be considered for the permanence of the companies in the market? Therefore, based on multidisciplinary methodological considerations, finding a valid and timely response has made it essential to carry out a technical-normative analysis of the exceptional pre-bankruptcy and bankruptcy scenarios that this law establishes as we propose here. :
King, Katiuska and Philipp Altmann, ‘Between Justice and Money: How the Covid-19 Crisis Was Used to De-Differentiate Legality in Ecuador’ (2022) 35(3) International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique 1039–1057 Abstract: Legality in the Global South suffers from problems of application by convenience. Some rules are applied, and some are not, depending on certain actors, such as the State, the stakeholders, or others. This undermines legitimation as constructed by legality and due process. These problems are connected to a wider complex formed by coloniality, internal colonialism, and a form of functional differentiation that limits autonomy of the different social systems. This complex of structural properties allows States and other actors to systematically use one system against the other or—within a given system—one level of rules against the other. This was the case in Ecuador: in the initial months of quarantine due to Covid-19, the government took decisions about external state bonds following international legislation—and quite contrary ones related to local work contracts. Once again, legality followed different paths in diverse cases. Ecuadorian economic authorities accept and respect conditions on external public bonds which are protected by some complex and specific clauses to secure the payment. The same authorities have different practices towards international and national legislation that were organized in the sense of legal subsidiarity. This text will explore reasons and effects of legal de-differentiation in the Global South in times of crisis. The Ecuadorian case in time of Covid-19 helps to understand how structural problems related to the lack of autonomy of the legal system are perpetuated and lead to effects of convenient political action.
El Salvador
Roudik, Peter et al, ‘Freedom of Expression during COVID-19’ (Law Library of Congress Legal Report, September 2020) Abstract: This report, prepared by the research staff of the Law Library of Congress, surveys legal acts regulating mass media and their ability to distribute information freely during the Covid-19 pandemic. The report focuses on recently introduced amendments to national legislation aimed at establishing different control measures over the media outlets, internet resources, and journalists in 20 selected countries around the world where adoption of such laws has been identified, namely: Armenia, Azerbaijan, Bangladesh, Belarus, El Salvador, India, Kazakhstan, Kenya, Kyrgyzstan, Mauritius, Moldova, Nepal, Nicaragua, Pakistan, Russia, South Africa, Sri Lanka, Tajikistan, Ukraine, and Uzbekistan.
Guatemala
Iesue, Laura, Jenifer González and Kelly V Martinez, ‘Domestic Violence During COVID-19: Insights from Guatemala’ in Mathieu Deflem (ed), Crime and Social Control in Pandemic Times (Emerald, 2023) 43–53 Abstract: This chapter highlights the experiences of domestic violence survivors and service providers, namely firefighters and police, during the pandemic in Guatemala. It includes an overview of violence types seen and experienced during the pandemic, contributing factors to domestic violence, an overview of why individuals may or may not leave their abusers, and why they may or may not report abuses to the authorities. Policy recommendations for supporting victims in the future are provided.
Mexico
Balmori de la Miyar, Jose Roberto, Lauren Hoehn-Velasco and Adan Silverio-Murillo, ‘Druglords Don’t Stay at Home: COVID-19 Pandemic and Crime Patterns in Mexico City’ (SSRN Scholarly Paper No ID 3667160, Social Science Research Network, 15 July 2020) Objective: To investigate the effect of the COVID-19 pandemic on conventional crime and organized crime in Mexico City, Mexico.Methods: Mexico City’s Attorney General’s Office reported crime data, covering domestic violence, burglary, robbery, vehicle-theft, assault-battery, homicides, kidnapping, and extortion. We use an event study for the intertemproal variation across the 16 districts (municipalities) in Mexico City for 2019 and 2020.Results: We find a sharp decrease on crimes related to domestic violence, burglary, and vehicle theft; a decrease during some weeks on crimes related to assault battery and extortion, and no effects on crimes related to robbery, kidnapping, and homicides.Conclusions: While our results show a decline in conventional crime during the COVID-19 pandemic, organized crime remains steady. These findings have policy implications for catastrophic events around the world, as well as possible national security issues in Mexico.
Gesley, Jenny, ‘Regulating Electronic Means to Fight the Spread of COVID-19’ (Law Library of Congress Legal Report, June 2020) Note: This page includes a comparative summary, and links to the full report and a COVID-19 Contact Tracing Apps world map. Extract from Introduction: This report surveys the regulation of electronic means to fight the spread of COVID-19 in 23 jurisdictions around the globe: Argentina, Australia, Brazil, China, England, France, Iceland, India, Iran, Israel, Italy, Japan, Mexico, Norway, Portugal, the Russian Federation, South Africa, South Korea, Spain, Taiwan, Turkey, the United Arab Emirates, and the European Union (EU).
Hoehn-Velasco, Lauren, Adan Silverio-Murillo and Jose Roberto Balmori de la Miyar, ‘COVID-19 and Crimes Against Women: Evidence from Mexico’ (SSRN Scholarly Paper No ID 3701472, Social Science Research Network, 1 September 2020) Abstract: This paper considers whether the COVID-19 stay-at-home order affected crimes targeting women. We use national municipal-level crime data from Mexico’s National Public Security System, which reports sexual crimes, lapses in alimony, domestic violence, and femicides. We track monthly changes in crime using an event-study design. Our results show three main patterns. First, lapses in alimony, sexual crimes, and domestic violence follow a U-shaped trend. Each crime declined and then rose back to their pre-COVID levels. Second, femicides, the most violent crime against women, remained constant during the pandemic. Third, we find that femicides declined in municipalities with alcohol sales prohibition
Mendez Bahena, Benjamin, Jorge Culebro Moreno and Pablo Cruz Hernandez, ‘COVID-19 Crisis Management in Mexico: Initial Reopening’ (2021) 13(2) Direito da Cidade 541–563 Abstract: The COVID-19 pandemic has shaken the whole world throughout 2020. In Mexico, the management of this crisis has fallen upon a federal administration that took power in December 2018 and promised to prioritize the poor and the marginalized. On the other hand, the health care system has been neglected for many years and is undergoing a transformation process (OECD, 2019; Presidency of the Republic, 2019). The present paper examines how federal government organizations managed the initial phase of the crisis, involving general confinement at the national level, and the first six weeks of the gradual reopening of activities, the so-called ‘new normality,’ which has been implemented by subnational governments. We employ crisis management theory as a theoretical framework to analyze coordination instruments in a profoundly fragmented health system, leadership styles, and the implementation of voluntary quarantine avoiding coercive measures. Concerning our methodology, we describe a mixed case study based on federal regulatory instruments, abundant publicly-available official information, and a press review for the study period. Finally in the concluding section, we point out the reasons why we consider that the management of the crisis in Mexico has been acceptable during the first months of the crisis. [ABSTRACT FROM AUTHOR]
Muñoz, Edgardo and Romina Guarneros, ‘The Impact of Covid-19 in Mexican Contract Law’ [2020] Opinio Juris in Comparatione (pre-print) Table of contents: I. Introduction II. Administrative regulations enacted and private stakeholders’ initiatives to encourage or force contract performance in times of Covid-192.1. The main Federal Directive by the Federal Health Secretariat2.2. Real estate and business loan contracts with banks2.3. Housing and business lease agreements2.4. Medical and Unemployment Insurance Agreements2.5. Domestic service contracts III. General Contract Law3.1. C2C domestic contracts and impediments to perform3.2. B2B domestic contracts and impediments to perform3.3. B2C domestic contracts and impediments to perform3.4. International Sale of Good Contract (CISG) and impediments to perform IV. Conclusion V. References
Petri, Dennis P and Teresa Flores, ‘The Impact of COVID-19 on Religious Regulation in Colombia, Cuba, Mexico, and Nicaragua’ (2023) 16(1) The International Journal for Religious Freedom (IJRF) 31–56 Abstract: In Latin America and globally, drastic sanitary measures were taken to combat the coronavirus. In this study, we investigate the consequences of these sanitary measures for religious regulation. We compare the situation before and after the sanitary measures taken in four Latin American countries (Colombia, Cuba, Mexico, and Nicaragua). We conclude that the COVID-19 measures mainly restricted the collective dimension of freedom of worship, bringing religious regulation to similar levels as that in some authoritarian regimes. We also found evidence that some governments took advantage of the situation to increase their repression of religious groups.
Silverio-Murillo, Adan, Jose Balmori de la Miyar and Lauren Hoehn-Velasco, ‘Families Under Confinement: COVID-19 and Domestic Violence’ in Mathieu Deflem (ed), Crime and Social Control in Pandemic Times (Emerald Publishing Limited, 2023) 23–41 Abstract: This study estimates the effects of the COVID-19 lockdown on domestic violence in Mexico City.
Velasco-Ibarra, Eugenio V, ‘Mexico’ in Arianna Vedaschi (ed), Governmental Policies to Fight Pandemic: The Boundaries of Legitimate Limitations on Fundamental Freedoms (Brill, 2024) 447–466 Abstract: In Mexico, the governmental actions taken in response to the pandemic have been based on both emergency and ordinary statutory frameworks.
Varela Castro, Samanta, Edgar O Bustos and Daniel Saldivia Gonzatti, ‘Reputation Management during a Public Health Crisis: Overcompensating When All Else Fails’ (2023) 83(5) Public Administration Review 1234–1245 Abstract: Although reactions to reputational threats have been studied before, there is still an opportunity to understand the dynamics of reputation management facing a crisis. This study seeks to understand how the legal-procedural, moral, performative, and technical dimensions of reputation change during the management of an extended crisis in a public health organization. We explore the communication of the Mexican Health Secretariat by analyzing its press conferences and releases before and during the COVID-19 pandemic. Building on the situational crisis communication theory and considering public interest, we conducted two exploratory examinations based on text-as-data methods to capture reputation-related language. Our analysis suggests that factors influencing reputational threat, such as crisis severity, legitimacy, leaders’ individual reputation, and coalition support, may be important for choosing between strategies. We argue that the Secretariat radically changed its reputation management strategy during the pandemic—they first stressed the technical and, as damage rose, the performative dimensions.
Vilalta, Carlos, Gustavo Fondevila and Ricardo Massa, ‘The Impact of Anti-COVID-19 Measures on Mexico City Criminal Reports’ (2023) 44(5) Deviant Behavior 723–737 Abstract: From the start of the COVID-19 outbreak, government measures impacted citizens’ behavior, particularly regarding social distancing and confinement. Whether or not these measures influenced criminal behavior is an area of particular interest. Findings, mainly concerned with the routine activity theory, have correlated restrictions on movement and circulation with a general decrease in crime. In this analysis, we use the case of Mexico City to estimate the impact of the national health crisis, and the corresponding government measures implemented, as well as their subsequent relaxation, on the daily crime count for six types of crimes (assault, burglary -residential and commercial-, domestic violence, larceny, robbery, and vehicle theft). We use generalized autoregressive conditional heteroscedasticity (GARCH) models to control for the volatility of the time series. While there is a growing body of literature that focuses on the study of criminal behavior during the pandemic, there is a scarcity of work that uses time series to analyze the impact of government measures and their consequences on criminal activity. Our results show a significant reduction in criminal reports for the analyzed crimes during the period of strictest social distancing measures, followed by an increase as these were gradually lifted or lightened.
Nicaragua
Petri, Dennis P and Teresa Flores, ‘The Impact of COVID-19 on Religious Regulation in Colombia, Cuba, Mexico, and Nicaragua’ (2023) 16(1) The International Journal for Religious Freedom (IJRF) 31–56 Abstract: In Latin America and globally, drastic sanitary measures were taken to combat the coronavirus. In this study, we investigate the consequences of these sanitary measures for religious regulation. We compare the situation before and after the sanitary measures taken in four Latin American countries (Colombia, Cuba, Mexico, and Nicaragua). We conclude that the COVID-19 measures mainly restricted the collective dimension of freedom of worship, bringing religious regulation to similar levels as that in some authoritarian regimes. We also found evidence that some governments took advantage of the situation to increase their repression of religious groups.
Roudik, Peter et al, ‘Freedom of Expression during COVID-19’ (Law Library of Congress Legal Report, September 2020) Abstract: This report, prepared by the research staff of the Law Library of Congress, surveys legal acts regulating mass media and their ability to distribute information freely during the Covid-19 pandemic. The report focuses on recently introduced amendments to national legislation aimed at establishing different control measures over the media outlets, internet resources, and journalists in 20 selected countries around the world where adoption of such laws has been identified, namely: Armenia, Azerbaijan, Bangladesh, Belarus, El Salvador, India, Kazakhstan, Kenya, Kyrgyzstan, Mauritius, Moldova, Nepal, Nicaragua, Pakistan, Russia, South Africa, Sri Lanka, Tajikistan, Ukraine, and Uzbekistan.
Paraguay
Villagran, Michele AL and Marcelo Rodriguez, ‘COVID-19 in Latin America and the Caribbean: Experts Examining Legal Responses’ (2021) 46(3) Canadian Law Library Review 10–15 Abstract: Since March 2020, a group of librarians, professors, and legal professionals have been monitoring legal responses to COVID-19 throughout Latin America and the Caribbean. Each member of the project is currently following various countries within this region. In this article, the authors will describe how the project was created and highlight the initial challenges in terms of securing and evaluating trustworthy sources of information in the middle of a pandemic. The authors will summarize the legal responses and any disinformation issues within the countries they have been monitoring: Argentina, Chile, Uruguay, Peru, Bolivia, and Paraguay. Finally, the article will conclude with the authors enumerating the achievements of the group as well as future plans for the project.
Peru
Calderon, Andres, Susana Gonzales and Alejandra Ruiz, ‘Privacy, Personal Data Protection, and Freedom of Expression under Quarantine? The Peruvian Experience’ (2021) 11(1) International Data Privacy Law 48–62 Key Points: In this article, the authors make a quantitative and qualitative study of all the Executive regulations issued during the State of Emergency in Peru, that may have impacted the fundamental rights of privacy, personal data protection, and freedom of expression.Peru represents an emblematic case study. It adopted one of the earliest, lengthiest and most severe lockdowns in the world, together with numerous regulations that restricted their citizens’ civil liberties.Unlike other jurisdictions, the implemented measures in Peru did not focus solely on more controversial and technological activities such as mass surveillance, face recognition, and contact tracing mobile applications. Rather, massive collection and use of personal data, geolocation, and mandatory registration as a pre-requisite for mobilization during lockdown are among the most important hazards identified by this research.The research aims to illustrate some of the perils that similar countries may be facing during and after the fight against COVID-19.
Freier, Luisa Feline and Marcia Vera Espinoza, ‘COVID-19 and Immigrants’ Increased Exclusion: The Politics of Immigrant Integration in Chile and Peru’ (2021) 3 Frontiers in Human Dynamics Article 606871 Abstract: The COVID-19 pandemic has put into sharp relief the need for socio-economic integration of migrants, regardless of their migratory condition. In South America, more than five million Venezuelan citizens have been forced to migrate across the region in the past five years. Alongside other intra-regional migrants and refugees, many find themselves in precarious legal and socio-economic conditions, as the surge in numbers has led to xenophobic backlashes in some of the main receiving countries, including Chile and Peru. In this paper, we explore in how far the COVID-19 crisis has offered stakeholders an opportunity to politically reframe migration and facilitate immigrant integration or, rather, further propelled xenophobic sentiments and the socio-economic and legal exclusion of immigrants.
Mostajo, Daniel Ugarte and Raúl F Zúñiga, ‘The Impact of the Health Emergency on Contract Law: National Report Peru’ [2020] Opinio Juris in Comparatione (pre-print)
Table of contents: I. Peruvian contract law provisions dealing with circumstances interfering with contractual performance 1. General framework 2. Impossibility of performance due to unforeseen circumstances or force majeure 3. Excessive onerousness of the performance or hardship 4. The disputed application of the frustration of purpose II. Application of the provisions to certain contracts 1. Construction contracts 2. Contracts for the provision of educational services 3. Lease contracts
Smith-Roberts, Ashley et al, ‘“All That Glitters Is Not Gold”: The Effects of the COVID-19 Pandemic on Artisanal and Small-Scale Gold Mining and Supply Chains in Peru’ (2021) 39(4) Journal of Energy & Natural Resources Law 489–527 Abstract: This article explores the impact of COVID-19 on artisanal and small-scale gold mining (ASGM) supply chains in Peru between spring 2020 and early 2021. This analysis delves into the effects of the pandemic on the ASGM sector and the illicit flow of gold, including the effect of the mandated lockdown on the Peruvian economy, the price of gold and its impact on artisanal and small-scale mining communities, the socio-economic consequences of the quarantine on Peru’s ASGM population, and the impact of lockdown on the gold supply chain. This study suggests the artisanal and small-scale mining formalization process in Peru was greatly impacted by the coronavirus pandemic, which brought complications such as increased criminal activity and violence along the gold supply chain. Similar trends can be seen in ASGM populations around the globe, and case studies from Zimbabwe, Colombia, Bolivia, and Chile explore how different governments have handled the effect of COVID-19 on the ASGM sector. This article highlights recommendations for governments and other key stakeholders to consider for supporting and strengthening ASGM communities, the gold supply chain, and the pursuit of formalization in Peru and worldwide.
Villagran, Michele AL and Marcelo Rodriguez, ‘COVID-19 in Latin America and the Caribbean: Experts Examining Legal Responses’ (2021) 46(3) Canadian Law Library Review 10–15 Abstract: Since March 2020, a group of librarians, professors, and legal professionals have been monitoring legal responses to COVID-19 throughout Latin America and the Caribbean. Each member of the project is currently following various countries within this region. In this article, the authors will describe how the project was created and highlight the initial challenges in terms of securing and evaluating trustworthy sources of information in the middle of a pandemic. The authors will summarize the legal responses and any disinformation issues within the countries they have been monitoring: Argentina, Chile, Uruguay, Peru, Bolivia, and Paraguay. Finally, the article will conclude with the authors enumerating the achievements of the group as well as future plans for the project.
Uruguay
Díaz, Carlos, Sebastian Fossati and Nicolas Trajtenberg, ‘Stay at Home If You Can: COVID-19 Stay-At-Home Guidelines and Local Crime’ (2022) 19(4) Journal of Empirical Legal Studies 1067–1113 (unpublished paper on SSRN) Abstract: Government responses to the COVID-19 pandemic had an unprecedented impact on mobility patterns with implications for public safety and crime dynamics in countries across the planet. This paper explores the effect of stay-at-home guidelines on thefts and robberies at the neighborhood level in a Latin American city. We exploit neighborhood heterogeneity in the ability of working adults to comply with stay-at-home recommendations and use difference-in-differences and event study designs to identify the causal effect of COVID-19 mobility restrictions on the monthly number of thefts and robberies reported to police across neighborhoods in Montevideo (Uruguay) in 2020. Our results show that neighborhoods with a higher share of residents with work-from-home jobs experienced a larger reduction in reported thefts in relation to neighborhoods with a lower share of residents with work-from-home jobs. In contrast, both groups of neighborhoods experienced a similar reduction in the number of reported robberies. These findings cast light on opportunity structures for crime but also on how crime during the pandemic is disproportionately affecting more vulnerable areas and households.
Norouzi, Nima, Heshmat-ullah Khanmohammadi and Elham Ataei, ‘The Law in the Face of the COVID-19 Pandemic: Early Lessons from Uruguay’ (2021) 7(2) Hasanuddin Law Review 75–88 Abstract: The Corona crisis is one of the crises that has engulfed the world and Uruguay and has marked all human beings’ death and life. This crisis has many legal, political, social, and economic dimensions and has and will have different consequences in this area. So far in the last two centuries, twelve major epidemics of infectious diseases and fifteen famines, and severe droughts have engulfed our world, but this crisis is ‘of a different kind.’ It has been less critical to cover the whole world. Infect millions of people, create new words in cultures, and announce major changes in international relations, politics, law, and the world and country economies. No geographical point is safe from this, and it has a serious impact on human relations. This paper is aimed to study the Uruguayan legal system in the post-Covid-19 world. In this paper, Constitutional, Financial, commercial, Labor, Public, and judicial law is discussed in the light of the Covid-19, and its impacts and strategies to mitigate those impacts are mentioned.
Villagran, Michele AL and Marcelo Rodriguez, ‘COVID-19 in Latin America and the Caribbean: Experts Examining Legal Responses’ (2021) 46(3) Canadian Law Library Review 10–15 Abstract: Since March 2020, a group of librarians, professors, and legal professionals have been monitoring legal responses to COVID-19 throughout Latin America and the Caribbean. Each member of the project is currently following various countries within this region. In this article, the authors will describe how the project was created and highlight the initial challenges in terms of securing and evaluating trustworthy sources of information in the middle of a pandemic. The authors will summarize the legal responses and any disinformation issues within the countries they have been monitoring: Argentina, Chile, Uruguay, Peru, Bolivia, and Paraguay. Finally, the article will conclude with the authors enumerating the achievements of the group as well as future plans for the project.
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