O poder de polícia estatal no caso da pandemia da Covid-19: análises do lockdown estabelecido no estado do Ceará

Abstract

It seeks to analyze the limitations to individual freedoms in the face of the decree of the lockdown by the State of Ceará’s public administration, in the exercise of police power, to guarantee the fundamental right to health, in the face of the Brazilian political scenario during the Covid-19 pandemic. Therefore, a qualitative approach will be used, through bibliographic literature review and documentary analysis, with the structured analytical process aimed primarily at understanding how the disease spread in a worldwide context and how it got to the stage pandemic, as well as the World Health Organization's stance as an organ for aligning the actions of countries and disseminating information, and how the Brazilian Government's primary response to the health threat took place. Then, the role of public power during a pandemic is then analyzed, especially because it is necessary to protect the population's right to health. The relationship between the right to health and the implementation of the Unified Health System is considered below, with its performance, as will be demonstrated, in charge of combating the virus. Continues, using bibliographic research as a predominantly technique for understanding the scope of police power and the need for restrictive measures as ways to contain the collapse of the health system, investigating, also why it would be necessary to implement the lockdown by the State of Ceará. Thus, also, the analysis of the incidence of Covid-19 in the State of Ceará will take place, in which case the use of documents produced by health agencies in a global and internal context will predominate, giving emphasis to statistical analysis, in this case using the quantitative method, produced by the Government of Ceará to understand the extent of contagion levels in the State that led to the decree of the lockdown. Finally, the impact of state decrees on individual freedoms will be investigated, understanding them as a limitation, mainly, to physical, economic and social freedom. Finally, it is concluded that, while the number of cases and deaths is not stabilized, we will need to deal with restrictions on freedoms, even in the face of the negative consequences of the lockdown.