Análisis jurídico del decreto 417 del 2020 por medio del cual se declara el estado de emergencia económica social y ecológica en todo el territorio nacional colombiano por causa del Sars - Cov2.

Abstract

As a measure to combat the spread of the COVID-19 outbreak in the country, on March 17, 2020 the President of the Republic Iván Duque issued Decree 417 of 2020 by means of which he declares a state of economic, social and ecological emergency in all the national territory. According to articles 212 to 215 of the Colombian Constitution, the state of emergency, together with the state of foreign war and the state of internal commotion, are considered states of exception (Quinche, 2015, p. 455). During the 20th century, this figure was abused and that is why, since the 1991 Constitution, states of exception are characterized by expanding presidential powers and concentrating powers at the national level at the head of the first president, while controls are reinforced to avoid arbitrariness. Therefore, the measures taken by the president within the state of exception that exceed his ordinary powers must be issued by means of legislative decrees, which have to go through an automatic review of the Constitutional Court. Due to the different events present and identifiable through the neutral context presented today by the Colombian State in relation to the presence of the Covid-19 virus in the country, it is possible to identify the strength of the Health Emergency and its consequences within the context of biosecurity. The various regulations set forth under the health framework in Colombia have been an example of the macroeconomic environment in which the population lives, since they are not only aimed at establishing prevention measures and reducing the risk of contagion, but, in turn, are directed at identify mechanisms that provide stability to different sectors such as the health sector and the food supply sector. Consequently, it has been shown how the State, together with the government and municipal agents, have chosen to establish regulatory measures in search of a greater and community benefit. These measures are of academic interest under different approaches, adaptable to economic sectors, which, as expressed by President Iván Duque Marquez on May 6, 2020, the decision was made to establish an economic emergency in order to address the derived effects the framework of the health emergency.