THE MODERN SOCIAL CONTRACT DURING AND AFTER THE PANDEMIC: CONSTITUTIONALISM AND THE STATE OF PERMANENT EXCEPTION

Abstract

Contextualization: The Modern Social Contract during and after the Covid-19 Pandemic is still the political and legal framework for understanding the historical-civilizational importance of the constitutional phenomenon, that is, of Constitutionalism and the linearity of its transformations, which are characterized in the present study, through the transition from the democratic State-Constitutionalism to the State-Constitutionalism of the exception, especially between the period related to the years 2020 and the beginning of the year 2022.

Objectives: Discuss, based on Paolo Prodi's thinking, about the Modern Social Oath-Contract during and after the Pandemic; to analyze the conception of Constitutionalism as a historical phenomenon of power limitation; to carry out an approach to the permanent State of Exception, terminology used by philosopher Carl Schmitt, adopting as an observation parameter, which will take into account the trajectory of Democratic Constitutionalism to the Constitutionalism of Exception, the political and legal framework intended to face the effects of the Pandemic caused by the pandemic SARS-CoV-2 virus.

Methodology: A phenomenological-hermeneutic approach methodology, historical and monographic procedure methods will be used, together with the technique of indirect documentation research.

Result: A first conclusion, which comes from this work, carried out in the form of questioning, is the following: what remains of the Modern Social Contract in the face of the Decrees edited during the Pandemic?