A RESPONSABILIDADE PENAL EM TEMPOS DE PANDEMIA: DO DESCUMPRIMENTO DE MEDIDAS EMERGENCIAIS DE COMBATE À TRANSMISSÃO DA COVID-19 E SUAS CONSEQUÊNCIAS JURÍDICO-PENAIS

Abstract

This article introducea theoretical discussion that starts from the historical-social moment present in the face of the pandemic caused by COVID-19 in face of the uncontrolled increase in contamination worldwide and, consequently, the increasing number of deaths. It became necessary to go beyond the field of health sciences for a legal analysis, tracing a path that is established with governmental measures through administrative acts edited by the Federal and State Executive as means to confrontthe pandemic. With the publication of these administrative acts, there are important criminal consequences that must in fact be observed so that they do not become a dead letter in the legal system. All efforts by the State asthe manager of a health policy must be supported in that State as the manager and executor of a criminal policy. Based on this factor, the study written here seeks to conduct a discussion on the repercussions that affect the field of Criminal Law as a result of non-compliance with the measures imposed by the Government and the consequent liability of the offending agent.