The Constitution of the Bolivarian Republic of Venezuela, of 1999, embodies and guides towards its consolidation the democratic and social State of justice and law, in which the application of law not only implies maintaining a legal order to avoid chaos, but also the law framed within social justice, from a socio-historical perspective, which has as its historical reference the feat of our Independence and the doctrine of the Liberator Simón Bolívar, in relation to the struggle for our territorial sovereignty for the constitution of the Venezuelan nation-state.
It is not justice from the normative abstraction, but the justice of the peoples in resistance in their struggle for self-determination, which is mediated by social interaction, from a democratic model centered on participation (article 5 of the Crbv), from horizontality, for example, from the communes and other sectors, in which this new, comprehensive vision of the republican state is concentrated for its refounding from social equity.
With the Constitution of the Bolivarian Republic of Venezuela (CRBV), a new legal framework emerges, one that far surpasses positive law, which is centered on the norm; a contextual law is born, closer to natural law, which prioritizes human dignity over economic interests. Citizens, the people, are vested with the status of subjects (both enunciators and recipients) of constitutional rights, including the rights to life, food, housing, education, civil and political rights, as well as the duty to defend the homeland, which is expressed, for example, in safeguarding constitutional values and principles, as well as in protecting our historical memory.
Given this constitutional framework, with social considerations as a cross-cutting element, a decree with the force of law, such as those for a state of alarm or a state of emergency, cannot be interpreted without considering social justice as the ultimate premise and, from there, the activation of the Executive Branch, through institutional mechanisms represented by each of the ministries, the FANB (National Armed Forces) and the GNB (National Guard), to address the needs of citizens in vulnerable conditions, due to illness, psychological or moral damage, material loss, caused by an abnormal and exceptional situation, such as a natural disaster.
