Ativismo judicial e covid-19 : análise da atuação jurisdicional do Supremo Tribunal Federal no cenário pandêmico

Abstract

The work addresses the decisions of the judiciary from the theoretical and practical aspects, based on the analysis of judicial activism due to the weakness of the executive branch in safeguarding fundamental rights in times of the COVID-19 pandemic. The problem centers on judicial proactivity and the hypothesis that judicial activism is necessary to safeguard the fundamental right related to health. In order to achieve the objective of the research, the fundamentals of proactive judicial action will be analyzed, especially if the Federal Supreme Court, when deciding, pondered the scope of its action or violated the separation of powers, when entering the competence of the Legislative and the Executive. To this end, it addresses the evolution of the pandemic crisis, as well as enters the doctrinal field for the structuring of the central approach, based on national and foreign doctrine. Afterwards, a pragmatic analysis of the decisions of the Federal Supreme Court is carried out to verify the presence of judicial activism and its need in the face of the pandemic context that led to the health crisis.