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Judicialization of politics in the fight against Covid-19: a new STF decision-making pattern?

Abstract:

This article discusses the judicialization of politics in the fight against Covid-19 in Brazil. We analyzed whether the pattern of judicialization of politics verified in the pandemic is new or, on the contrary, repeats that verified in the 90s and early 00s, characterized by the political use of the Judiciary by opposition parties and by favoring federative centralization. The results demonstrate that the previous pattern remains, in terms of who mobilizes the Judiciary, but with different results in terms of federative conflict: in cases of judicial review of acts related to confronting the pandemic, the president loses more than he gains in the STF. However, in cases unrelated to the sanitary measures to combat Covid-19, it is not yet possible to affirm the existence of a new decision-making pattern.

Keywords:
Judicialization of politics; Covid-19; Brazilian Supreme Court; Judicial review; Federative conflicts

Universidade de Brasília. Instituto de Ciência Política Instituto de Ciência Política, Universidade de Brasília, Campus Universitário Darcy Ribeiro - Gleba A Asa Norte, 70904-970 Brasília - DF Brasil, Tel.: (55 61) 3107-0777 , Cel.: (55 61) 3107 0780 - Brasília - DF - Brazil
E-mail: rbcp@unb.br