Judicialização da pandemia

Supremo Tribunal Federal como guardião do federalismo e do direito fundamental à saúde

Abstract

The denialism and omission of the federal government, and the differences with subnational entities to combat Covid-19, especially with the states, resulted in risks to the health and life of the Brazilian population, as well as in political conflicts between federative entities, which had repercussions on the Judiciary, resulting in the judicialization of the pandemic. Called by representatives of civil society, the Federal Supreme Court was the arbiter against the judicialization of the pandemic, and opposed to the national government. This work, developed through a bibliographic and documentary review, debates on the judicialization of Covid-19 and what motivated the decisions of the Federal Supreme Court on the Ação Direta de Inconstitucionalidade (ADI) nº 6.341, concerning the competences of the federative entities for management public health and the fight against Covid-19, and on the Arguições de Descumprimento de Preceito Fundamental (ADPFs) 668, 669 and 672, with regard to the fundamental right to health of the Brazilian population. Through this analysis, it is observed that the decisions of the Supreme were guided by the guidelines of the scientific community and, above all, anchored in the Federal Constitution of 1988, especially in its provisions on federative competences in the management of public health and the fight against the pandemic, and on the fundamental right to health of the Brazilian population.