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El Tribunal Constitucional declara inconstitucional el confinamiento general del primer estado de alarma


Se considera que las restricciones a la movilidad fueron más allá de una simple  limitación de derechos fundamentales para adentrarse en la suspensión, más  propia de otros estados como el de excepción.

El Tribunal Constitucional (TC) ha declarado inconstitucionales una parte de las  restricciones del primero de los estados de alarma decretado por el Gobierno. La
ponencia del magistrado Pedro GonzálezTrevijano declara inconstitucional parte del  artículo 7 del Real Decreto 463/2020, de 14 de marzo, por el que se declara el estado
de alarma para la gestión de la situación de crisis sanitaria ocasionada por el covid19.

Por una ajustada mayoría de seis a cinco, el TC considera que las restricciones a la  movilidad impuestas en los meses de la primera ola fueron más allá de una simple
limitación de derechos fundamentales para adentrarse en la suspensión, más propia de  otros estados como el de excepción. El confinamiento domiciliario se encuentra entre  ellas. Ha sido el voto de la magistrada María Encarnación Roca el que ha decantado la
inconstitucionalidad por seis a cinco.

Lo que viene a decir la sentencia es que las medidas que tomó el Gobierno en aquel  tiempo fueron idóneas, razonables, proporcionadas y parangonables con las medidas
que tomaron los países de la Unión Europea. Sin embargo, el Tribunal Constitucional  afirma que en una situación como la descrita, en la que se suspenden de facto derechos  fundamentales, como los mencionados, la declaración del estado de alarma no fue  suficiente, de ahí que el TC plantee que el Gobierno debería haber dado un paso más y  haber declarado el estado de excepción.


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