A atuação do STF no enfrentamento da pandemia de Covid-19: análise sobre os cenários e perspectivas do federalismo sanitário cooperativo no Brasil

Abstract

The present research aims to understand the scenarios and perspectives of cooperative sanitary federalism in Brazil, from the role of the Federal Supreme Court in facing the Covid-19 pandemic. For this, the decisions handed down in the context of concentrated control of constitutionality, emanating from the promulgation of the Federal Constitution of 1988 to March 11, 2021, were analyzed, a period that covers, respectively, the implementation, by the original constituent power, of health policies public under the foundation of cooperative federalism and one year after the declaration of the Covid-19 pandemic by the World Health Organization. Initially, the theory of federalism was discussed, from a historical perspective, as well as its implementation in constitutionalism Brazilian. Then, the main historical, conceptual and normative aspects concerning the right to health and the structuring of sanitary federalism, both internationally and in Brazil, were addressed. Finally, using the content analysis procedure method, developed by Lawrence Bardin, we proceeded to study the decisions of the Federal Supreme Court, issued in the context of abstract control of constitutionality and that simultaneously address the right to health and federalism, in order to make it possible to infer knowledge of the messages contained in them. Furthermore, in relation to the reasoning developed in this research, the comprehensive method, proclaimed by Max Weber, was used, starting from the construction of the ideal type of cooperative sanitary federalism present in the Brazilian constitutional

order. By way of conclusion, it is understood that, given the emergence of the Covid- 19 pandemic, the Federal Supreme Court attributed greater prominence to cooperative

sanitary federalism, thus remaining characterized as a jurisprudential evolution, since, when comparing the period pre- and post-pandemic, there is a clear emphasis, in the latter, on the structure provided for by the 1988 Constituent Assembly in the area of health.