Abstract

PISCIOTTANO, Juan Pablo. Criminal Law and Public Health. The Responses to the COVID-19 Pandemic in Uruguay. Rev. Derecho [online]. 2021, n.23, pp.85-115.  Epub June 10, 2021. ISSN 1510-3714.  https://doi.org/10.22235/rd23.2527.

This article analyzes the solutions provided by criminal law to public health emergencies and the proposals caused by the COVID-19 pandemic. To this end, first, we present a historical review of health emergencies that led to criminal rules to punish the transmission of diseases. Then, in the context of the current pandemic, we analyze the proposed modification of the crime of violation of sanitary provisions (Article 224 of the Penal Code). Among the conclusions, it is highlighted that the legislative proposal attempts to resort to penal norms to solve an extra-criminal problem and that the criminalization of these conducts does not contribute to the protection of public health.

Keywords : criminal law; public health; COVID-19; pandemic; endangerment crimes; violation of sanitary regulations; contempt.

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