La extralimitación del derecho de libre circulación como protección de salud en Pandemia.

Abstract

The present research aims to make an analysis of the restriction measures taken due to the COVID-19 health emergency, the consequences of these limitations and the principles that collide, in this case: the right to free movement and the right to health. A survey was carried out to complement the theoretical and legal foundations of the study, to find out the public opinion on the limitation of the right to free movement and its consequences. It is concluded that the consequences of the measures, which maintained the objective of protecting health and life, had effects on the rights of citizens, the restrictions imposed by the state did not comply with the principles of proportionality, non-discrimination and temporality. There is evidence of doubt and ignorance of the citizens surveyed regarding the fact that freedom of transit is a fundamental human right. Likewise, it is concluded that the exceptional nature of the state of exception has been violated in the application that the Ecuadorian state has given it, giving way to the limitation and suspension of fundamental rights of citizens multiple times, specifically 21 declarations and renewals. in less than 5 years.