A aplicação do princípio da autonomia federativa, na área da saúde, em tempos de Covid-19: uma análise à luz da ADI 6341/DF

Abstract

The definition of the boundary between the common administrative competences of the federated entities, regarding the adoption, by their own individual wills, of measures to face public calamities in the health area, has become imperative in the fight against the health emergency of international importance resulting from the coronavirus within the Brazilian territory. Due to the various divergent determinations issued by public authorities, in the most varied instances of Power, regarding the adoption of actions to combat the spread of the virus, especially during the height of the number of people infected by the disease, a serious context of legal uncertainty was established in the Brazilian legal system. Therefore, this research proposes to analyze the possibility of representatives of each federative entity, in the use of their respective constitutional attributions, to edit norms that bind the other parts of the pact, in order to face emergencies in the health area. Thereunto, this monography will resort to use legislative, doctrinal and jurisprudential bibliographic research on the subject, as well as case study, especially through the judgment of the Direct Unconstitutionality Action 6341/DF, to compose its research methodology, through the deductive-explanatory method. In the end, based notably on the arguments brought by the Supreme Federal Court’s Justices within the scope of the aforementioned judgment, the limits of action of each federated entity in solving the problem are enlightened.