Abstract
This article will serve for pragmatic reasons, especially tocritique of JusticeLuís Roberto Barroso's thesis in Direct Action of Unconstitutionality (ADI) n. 6421, that was judged by the Federal Supreme Court on May 21, 2020, having as object the Provisional Order. Can put the problem in this question: can Minister Barroso's thesis, especially the second point, contribute to avoid the irrationalities of the action of public administrators in combating the effects of the pandemic? It is possible to answer this question from the critical position of the view according to which mechanismsof judicial revieware effective in avoiding administrative irrationalitiesor akrasia, either in normal times, or mainly, in crises and emergencies, according to Vermeule and Posner schmittian view.
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