Federalismo e combate à pandemia da covid-19: estudo constitucional comparativo entre o Brasil e os Estados Unidos da América, com especial ênfase no financiamento da vacinação

Abstract

This article discussed federalism and combating the covid-19 pandemic, making a comparative study between Brazil and the United States, which were chosen because they are federalist, large and have the highest mortalities due to covid-19 in the world. A literature review was carried out using the functionalist method. It was found that there were similarities, such as: the lack of federal coordination, in cooperation with local governments and numerous federal disputes resolved in the judicial sphere. Among the differences, the role of the federal government in vaccination stood out, since, in the US, it played an important role in the distribution of vaccines and provided financial incentives for people to get vaccinated. In Brazil, it was more limited, with delays in the initial hiring and distribution to the States, insufficient incentive to produce vaccines locally, lack of an educational campaign to encourage vaccination. Another difference was the health system, which in Brazil is public (SUS) and private (supplementary health) and in the US is mostly private, not universal. It was concluded that federalism was greatly challenged during the pandemic, but it was strengthened, since the constitutional courts ensured the autonomy of the States and the powers of the Union, which should coordinate efforts against the disease, based on the principles of separation of powers, federalism and technical discretion. And it was found that the existence of so many federative conflicts and the lack of federal coordination and cooperation between governments may have contributed to the high mortality in both countries.