Federalismo brasileiro em tempos de crise sanitária: paradigmas decisórios no Supremo Tribunal Federal com enfrentamento do Estado de Coisas Inconstitucional da política de saúde

Abstract

The dynamics of federalism in the context of the coronavirus pandemic represents an issue of extreme relevance in contemporary times, which is why we seek to debate some legal and institutional tensions caused by the humanitarian tragedy, making it necessary to denote the scope of autonomy of federative entities and the rules of competence introduced in the Federal Constitution of 1988 in relation to the protective management of life and public health, this is a sensitive point encouraged by paradiplomacy, given that the centralizing and antagonistic tendency between the Union, States, Federal District and Municipalities is not viable in the political and administrative organization of the Brazilian State. Furthermore, there has been a worsening of structural flaws in the legal and institutional framework, and recognizing the underlying problem and addressing it structurally is a solution capable of placing it in its proper systemic context, because it is able to identify that the necessary foundations for its resolution must take into account the multiplicity of omitted acts by the Union that contribute to an unconstitutional state of things. The methodology applied is exploratory, qualitative, analytical- descriptive based on the use of legal documents and doctrinal texts, in addition to the selection, collection and mapping of decision-making paradigms systematized and guided by hermeneutical criteria in the research repository of the jurisprudence of the Federal Supreme Court (STF) in times of Covid-19, with this work not intended to end any controversy regarding the topic. Finally, in accordance with the paradigmatic guidelines established within the scope of the STF, it is also proposed to encourage the debate about overcoming repeated violations of fundamental rights in times of crisis within the legal framework for combating of pandemic, guided by innovative techniques applying the principles of solidarity and fraternity, employing a dialogical process to create complex and articulated solutions.