Politics, federalism and the Supreme Court in the context of the pandemic: a dynamic view of the arrangement in the midst of tense politics
This study analyzes the actions of the Supreme Court in the context of the public health crisis resulting from the Covid-19 pandemic in terms of federal conflicts. The aim is to correlate the STF and federalism in a political way, that is, assuming them as actors within a specific scenario, in the o...
| Autores: | , |
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| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2024 |
| País: | Brasil |
| Institución: | Universidade Federal de Minas Gerais (UFMG) |
| Repositorio: | Revista de Ciências do Estado (Online) |
| Idioma: | portugués |
| OAI Identifier: | oai:periodicos.ufmg.br:article/49096 |
| Acceso en línea: | https://periodicos.ufmg.br/index.php/revice/article/view/e49096 |
| Access Level: | acceso abierto |
| Palabra clave: | Law Policy Federalism STF Covid-19 Direito Política Federalismo Ley |
| Sumario: | This study analyzes the actions of the Supreme Court in the context of the public health crisis resulting from the Covid-19 pandemic in terms of federal conflicts. The aim is to correlate the STF and federalism in a political way, that is, assuming them as actors within a specific scenario, in the opposite direction to an essentialist view of the federation and apolitical view of the Court. To this end, the correlation between law and politics is worked on, with the aim of demonstrating that the Court is not exempt from this influence, in which the context analyzed, the pandemic, reflects well the intention of the study that politics is intrinsic to law and, consequently, intrinsic to the actions of the STF. Methodologically, the notion of tense politics is used as a way of glimpsing this approach, which is the same reason for choosing ADI 6341, added to the fact that this action dictated the direction of the Union's relationship with subnational entities, impacting both the STF's performance in the other actions that reached the Court and the management of the health crisis. The study therefore supports an interpretation that federalism and, consequently, the distribution of competences, are the result of the dynamics of political disputes. This dynamic understanding of the federation is based on studies by Judith Resnik and José Arthur Castillo de Macedo. |
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