Challenges faced by the Supreme Court in COVID-19 Emergency: interfederative conflict and scientificity in combating the Pandemic Desafios enfrentados pelo Supremo Tribunal Federal na emergência da COVID-19: conflito interfederativo e cientificidade no combate à pandemia

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A e C - Revista de Direito Administrativo e Constitucional
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Nohara I.P.
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© 2020 Editora Fórum Ltda.The present paper analyzes the decisions of the Supreme Court regarding the mesures taken to fight against COVID-19. It focuses on the challenges faced by Brazilian Supreme Court in the conflict between Powers, the absence of interfederative concertation and also in the requirement of scientific criteria for the parameters used by the measures. It addresses the debate on the accountability of public agents in acts associated with the pandemic and the requirement for publicity in the dissemination of epidemiological reports by Ministry of Health. The protection of personal data in the control of COVID-19 will also be analyzed. Finally, there will be the presentation of the decision that prohibited the production and circulation of the campaign “Brazil cannot stop”, which was in conflict with the guidelines of isolation and social distance in the ascending contagion curve in Brazil. It is hoped, from the use of qualitative research, based on study of cases, to demonstrate the important role played by Brazilian Supreme Court in order to remove obscurities, opacities and scientific deviation. Actually, if it weren’t for Brazilian Supreme Court, Brazil would have probably faced an even greater chaos in terms of contagion and numbers of deaths caused by COVID-19.
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