COVID-19, POLICE STOPS MEASURES AND VACCINATION, THE IMPERATIVE OF PROPORTIONALITY BETWEEN HUMAN RIGHTS

ABSTRACT

The present study aims to analyze the police stops measures adopted by European Union countries to contain the COVID 19 pandemic. The study is developedfrom the analysis of the police stops law, especially the strengthening ofpolice power to act in case of non-compliance with the rules of confinement imposed. A brief historical account is made about other similar situations experienced in the past. We focus the analysis on the police stop measures, to examine their adequacy to the constitutional principles on individual rights, freedoms, and guarantees. This study aims to analyze the proportionality of the measures adopted, in particular those that required quarantine dwellers, home confinement and vaccination. The methodology adopted is based on a theoretical framework that included the study of legislation, administrative decisions, reports and opinions of various authorities. Finally, we are looking at some decisions of the European Court of Human Rights. The conclusions show the results on the degree of acceptance by people in general regarding the restrictions adopted and the critical reflection on the adequacy of the measures in the face of the Portuguese Constitution and the Declaration ofHuman Rights, from the point of view of the principle ofproportionality.