THE BRAZILIAN FEDERAL SUPREME COURT AND STRUCTURAL INJUNCTIONS
CRITICAL ANALYSIS OF ADPF 709 (FACING THE PANDEMIC AMONG INDIGENOUS PEOPLE AS A VULNERABLE GROUP)
Abstract
This paper approaches the theoretical aspects of the structural injunction based on the analysis of the emblematic interim order in the Arguição de Descumprimento de Preceito Fundamental 709/DF, which deals with the normative-protective vacuum of the rights of the indigenous population in the context of the COVID-19. The research problem asks: considering the characteristics of the structural injunction and that the studied decision itself indicates that it is a decision of this nature, which elements contained in that decision fit into these aspects? As a hypothesis, the decision presents many elements characteristic of structural injunction. The work will be constructed and elaborated from the deductive approach method, the analytical procedural method, and the bibliographic technique. The research demonstrates the partial confirmation of the established hypothesis and recognizes that the decision potentially has the characteristics of a structural case, although the preliminary measures adopted are not properly of a structural nature.