The democratic (re)legitimation of the diminution of rights in the pandemic

The COVID-19 pandemic crisis has brought the challenge of, on the one hand, restricting freedoms such as the freedom of belief, by means of public immunization policies and, on the other hand, of preserving the right to life by means of the same policies. Public policies at the Federal, state and local level diverged, either for immunization by means of vaccines, or by herd immunity. The pandemic must be understood as a moment of tension, as it requires rethinking the arrangements between constitutionalism and democracy. For a diminished protection of individual rights that preserves collective heath, and, that is not always supported by the majority of population, it is necessary to prioritize reasonable arguments for the adoption of measures that aim at protecting the groups, whose material conditions are the result of arbitrary inequalities.