FEDERALISM AND THE PANDEMIC:

NEW PERSPECTIVES UPON THE DECISIONS OF THE SUPREME FEDERAL COURT

Abstract

the paper aims to determine in which direction points the decisions of Brazil’s Supreme Court regarding federative competences in two periods of time: past the 1988’s Constitution until 2019 and from 2020 until now, focusing on the decisions related to the COVID-19 pandemic. In that sense, the article tries first to establish the competences of each federal entity regarding public health. Furthermore, it´s discussed the role that the Supreme Federal Court has had in recent times, especially in the last ten years. At last, the precedents of the Supreme Federal Court regarding federalism are analysed, focusing on the decisions past and post the pandemic.  There were utilized primary and secondary sources in the first part through a descriptive and historical research of bibliography and legislation. In the second and third parts, however, a descriptive research of the legislative laws, the doctrine and the precedents was conducted. In the end, it was found that the Brazillian federative system acquired a pronounced mark of centralization in comparison to its peers. Nonetheless, the idea of a federative system changed considerably over the years, especially in the last few, having the pandemic accelerated an ongoing process of political and administrative decentralization.