Crise em saúde pública e a aplicação das técnicas do processo estrutural na ADPF 709

Abstract

This study aims to examine the techniques derived from the Theory of Structural Processes as applied in the adjudication of ADPF n° 709, filed in 2020, aimed at addressing structural problems identified during the response to the Covid-19 pandemic affecting Indigenous communities. A qualitative methodological approach is adopted, with an exploratory objective, based on a review of the literature on this Theory in Brazil and in comparative law. The first chapter addresses constitutional, political, and economic developments related to the State’s duty to protect health, as well as the contexts of sanitary and political crises experienced during the pandemic. Subsequently, the study analyzes the current stage of development of essential concepts related to structural processes, based on the challenge of rethinking the individualistic logic of traditional civil procedure, characterized by a bipolar perspective. The paper also examines the advances achieved by the Legislative and the Judiciary in this field, particularly through the drafting of Bill n° 3 of 2025 and the establishment of advisory bodies to assist judges, composed of technical specialists. Finally, the analysis emphasizes the judgment of ADPF n° 709, addressing the challenges faced by Indigenous peoples in general, and by isolated and recently contacted groups in particular, in the context of the Covid-19 pandemic, as well as the measures adopted by the Federal Supreme Court. The research seeks to determine whether ADPF n° 709 achieved effectiveness in fulfilling its original purpose through a democratic and innovative procedural model. It concludes that recognizing the structural nature of the litigation made it possible to overcome the initial state of noncompliance, with ADPF serving as a paradigm for current and future structural proceedings.