Pandemia e diritti fondamentali

[Autom. eng. transl.] The text is part of an in-depth study dedicated by the online magazine "Justice together" entitled "The Habermas-Günther dialogue reinterpreted by the Italian legal culture. The penalists: Vincenzo Militello interviews Massimo Donini, Luciano Eusebi and Domenico Pulitanò". The writer's answers are substantiated in a unitary text. The issue of the balance between legal assets and the need to contrast the pending issue is addressed. The approach according to which the measures adopted for the aforementioned conflict would constitute an indication of authoritarian orientations of the legal systems is criticized. Rather, it should be stressed that the tragedy in which thousands of vulnerable subjects remained unprotected in the face of the pandemic should not act as an endorsement, in the future, about discrimination concerning the protection of health and life. The critical aspects of the recourse to the concept of balancing are highlighted, according to proportionality criteria, between fundamental goods, a concept which, instead of ensuring the maximum possible protection of all the goods involved, ends up legitimizing the total succumbing of one asset over another .