The acquisition of vaccines against COVID-19 by Colombia: between confidentiality and lack of transparency

Through an interpretation method based on the documentary review, the article criticizes the impossibility of carrying out timely surveillance of the negotiation process of the Colombian Government with pharmaceutical companies to acquire COVID-19 vaccines, thereby It gave priority to confidentiality as a free market prerogative over the principle of transparency as a state authority through the application of timely and adequate surveillance. First, an analysis is made of the decrees that grant extraordinary powers to the President of the Republic and the jurisprudential provisions of the high courts. Then, the normative foundation of the principle of transparency is proposed as the guiding principle of state contracting. There is also a contrast between the possibility of imposing confidentiality clauses, typical of private contracting, with the requirement to exercise vigilance as a guarantee of transparency in negotiations involving public finances. Finally, by highlighting the tension between the free market and fundamental rights, a reflection is made regarding the deficit in safeguarding the right to health due to the lack of timely surveillance that, because the principle of transparency is subordinated to confidentiality, it leaves open the possibility of a crisis of legitimacy, credibility and trust in the State. © 2021 Centro Universitario de Brasilia. All rights reserved.

Corruption the biggest epidemic that Colombia suffers

Objective: Colombia is a country rich in natural resources, its gross domestic product (GDP) tripled in the last 30 years, according to ECLAC data, but at the same time, according to the Gini index of the World Bank, it is one of the countries most unequal in the world. The main objective of this article is to show the relationship between corruption and inequality in Colombia and how this scourge has become evident at the time of the global pandemic. Methodology: This study is a bibliographic review that follows the descriptive-analytical method. The document is made up of three parts;The first is a general view of the problem to get to its origin, then some figures are presented that give an idea of the evolution in the country to conclude with some examples of corruption that occur at the time of COVID-19 in Colombia. Results: It was shown that corruption is the biggest epidemic that Colombia suffers, even above the armed conflict or the crisis caused by the COVID -19 virus. Contributions: In Colombia, corruption has become an epidemic that drains public resources and is more costly for the country than war. The greatest health emergency in history, caused by the COVID-19 virus, has required the immediate intervention of State entities, allowing direct contracting, but this in turn has endangered the billions of pesos invested, showing that In a country like Colombia, crises do not stop the corrupt, but rather stimulate them. © The Author(s) 2021. Published by Baishideng Publishing Group Inc. All rights reserved.

Covid-19 in brazil: Health as a social guarantee and judicial intervention in times of crisis

Objective: To discuss the role of the Brazilian judiciary in protecting the fundamental rights of life and health, in the face of the exceptional dilemmas caused by the pandemic, highlighting the importance of the public health system and, also, the impact of the COVID-19 health crisis. Methodology: The research methods were documental and bibliographic, with the purpose of understanding the relationship between the public health system and the judiciary, in face of the challenges raised for the protection of health, as a fundamental right, and its exasperation in face of the new coronavirus pandemic in Brazil. It was also sought to analyze the impact of the health crisis holistically and the preventive measures applicable. Results: From the conceptual articulation it was possible to point out that a dialogue between the technical knowledge of the health system and the judiciary is essential, so that the magistrate's interpretation is better subsidized and resolves health demands with greater efficiency, including when dealing with pandemic-related issues. Contributions: It deals with interpretation from a perspective that aims to guarantee and protect the fundamental and human rights of health and life, starting from the need for the insertion of a technical analysis to judicial interpretation. In this sense, it emphasizes the importance of monitoring and researching the public health system in the face of humanitarian crises such as Covid-19. The performance of the Supreme Courts and the necessary interpretation of the legislation is emphasized, in line with the constitutional normative, in order to strengthen legal security in the health system, is emphasized. © 2021, Centro Universitário Curitiba - UNICURITIBA. All rights reserved.

Rule of law and constitutional model against the 2020 pandemic

The objective of this work is to show the relationship between the rule of law and crises. The Legislative State of Law will emerge from the crisis of the absolutist model, the English, American, French revolutions and the independence processes of Latin America will allow its consolidation. In other crisis, that arouse from the Second World War, many states assumed the constitutional model of Law. With an analytical-descriptive methodology, it was possible to conclude that, in the face of the greatest health crisis of the last 100 years in the world, generated by the covid-19 pandemic and the use and abuse of states of exception by states to face this crisis, the Inter-American Human Rights System will be one of the calls to preserve the rule of law, consolidating what some have called the Conventional State of Rights. © 2020, Universidad del Zulia. All rights reserved.