Abstract
The Brazilian Constitutional definition of health as a social right makes the State the guarantor of this legally protected interest. The federalist system adopted in the 1988 Brazilian Federal Constitution determines that the Federal Government, states, and municipalities share the authority to care for health and the concurrent authority to legislate on health matters. This shared authority is based especially on the model of decentralization of public actions and services in health and the regional disparities across Brazil’s territory. As Brazil has confronted the COVID-19 pandemic, this heterogeneity has intensified, allowing the Federative Units to adopt different measures that limit rights and public freedoms, depending on the pandemic’s progression in the respective geographic area. In this context, a lockdown decree is observed in some Brazilian municipalities by judicial decision.
Highlights
The Brazilian Constitutional definition of health as a social right makes the State the guarantor of this legally protected interest
The range of autonomy for these government entities was recently reaffirmed by the Brazilian Supreme Court (STF) with its ruling on Direct Unconstitutionality Suit n. 6,341/2020 1
Since the COVID-19 public health emergency of national concern was declared by the Ministry of Health 2, extensive legislation has been produced by the Federal Executive and Legislative Branches
Summary
The Brazilian Constitutional definition of health as a social right makes the State the guarantor of this legally protected interest. The Supreme Court’s ruling reinforced the role of local health authorities and public administrators in the adoption of legislative and administrative measures against COVID-19.
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