ABSTRACT
Given the state of alarm and its strong impact on the labor market, classic tools for the defense of labor rights are affected. This paper examines the impact of the state of alarm on the right to strike and collective conflict. It is a matter of great interest due to the indirect limitations for its use derived from the possible declaration of some sectors, such as health, as essential services for the community, but also in other sectors due to the lack of clarity of the concept of essential services during the state of alarm. © 2020 Wolters Kluwer (UK) Ltd.. All rights reserved.
ABSTRACT
This paper analyzes and reflects on the treatment of the right to protest during the state of alarm and health crisis in jurisprudence. The cases related to the freedom of demonstration have given rise to judicial pronouncements in different courts, where arguments related to the concern about the logical limitations of the right, that the health crisis would impose, with the need to prevent an excessive interpretation of the state of alarm leading to the de facto suspension of the fundamental right. © 2020 Wolters Kluwer (UK) Ltd.. All rights reserved.