Resumo

CARDENAS GRACIA, Jaime. The state of exception and the COVID-19 in Mexico. Cuest. Const. [online]. 2021, n.45, pp.77-105.  Epub 09-Maio-2022. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2021.45.16658.

Our constitutional law does not have comprehensive answers to face the exceptionality. The law in periods of exception and emergency is different from the law of ordinary periods of peace. A law is required to regulate the exception outside authoritarian conceptions. In the constitutional law of our time, states of emergency must be subject to the legal system: the powers or faculties of the ruler must be limited in them. It is necessary to eliminate any arbitrariness in the exercise of the state of exception and in reducing the possibilities of discretion. The exception must be subject to fundamental rights and the preservation of the principle of division of powers.

Palavras-chave : State of exception; fundamental rights; and the principle of division of powers.