INDIVIDUAL FREEDOM IN THE CORONAVIRUS PANDEMIC AND THEORY SOCIOLOGY OF LAW: GUIDELINES ON RESPONSIVE LAW AND THE REGULATORY CULTURE

Considering legal realism, the sociological theory of law intends to enable institutions of justice to understand social facts more fully and wisely. In this way, the outbreak of the coronavirus pandemic forced authorities to design and provide an implementation of public health policies that goes beyond formal justice. By defining public interest according to the commitment to substantive justice, there was the development of a responsive law model in the public health system to consider social facts to consolidate a true organizational culture regulation in the public health system.
In light of regulatory law, what is the role of the State in risk management in a pandemic? Faced with this question, Cass R. Sunstein published a collection of opinion articles in prominent American newspapers to debate the application of legal and ethical principles in the American political arena and the subsequent formulation and monitoring of public harm reduction policies. As long as Law becomes more open and flexible, the legal defense of public causes keeps in the political arena and also might be sensitive to social inequalities.

The justification of this article permeates the importance of the discussions around public policies on the control of the coronavirus pandemic through the adoption of social distancing,
vaccination, and harm reduction measures in democratic countries. So, this study wants to settle the legal guidelines in public policies that start from the observation of reality to formulate a diagnosis of the real functioning of legal institutions in light of social facts and participatory democracy. From the coronavirus pandemic, we seek to think about the regulatory system, regulatory agencies, and their efficiency, as well as rational and democratic state institutions in juridicalsociological research qualitative partially exploratory.