Right to health, judicial review and constitutional state of emergency: a critical perspective of the pandemic

AUTOR(ES)

Silva, Diogo Bacha e; Bahia, Alexandre Gustavo Melo Franco Moraes

FONTE

Rev. Direito Práx.

DATA DE PUBLICAÇÃO

2021-04

RESUMO

Abstract The article seeks to explore the legal impact of the COVID-19 pandemic on our constitutional system. Starting from the differentiation between a state of exception and a state of constitutional emergency, the issue of facing the pandemic must have an answer within the framework established by the 1988 Constitution. Furthermore, the responses of public authorities have brought to light what federalism we intend to protect and materialize from the division of competences. The answer is an asymmetric and decentralized federalism to face the sanitary difficulties of the coronavirus. Finally, the pandemic enabled a critical rethink in the right to health and how the hegemonic theory of law tradition views it in a colonial perspective.

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