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The federative conflict in the State of São Paulo concerning the combat of the pandemic of COVID-19

Grant number: 20/14799-4
Support Opportunities:Scholarships in Brazil - Scientific Initiation
Effective date (Start): April 01, 2021
Effective date (End): March 31, 2022
Field of knowledge:Applied Social Sciences - Law - Public Law
Principal Investigator:Daniel Damasio Borges
Grantee:Carlos Eduardo Trigo Nasser Felix
Host Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

In recent years, problems related to competing powers have been referred to be resolved by the Judiciary. In these cases, the need to define the attribution fields of the federated entities is evident, as for instance, in the cases that consolidated the ban on asbestos and the anti-smoking measures of some Brazilian states. This work intends to analyze the federative conflict in the state of São Paulo in relation to the COVID-19 coping decisions. In this way, it will be analyzed how the Judiciary Power - notably the Supreme Federal Court and the Court of Justice of the State of São Paulo (TJ / SP) - judged cases involving contradictory decisions of the mentioned federal entities. The research will address issues such as the recognition of competing competence for quarantine regulation and the competence to decide on restrictions on mobility and essential services in municipalities. As a result, the method used will be comparative with a qualitative nature, since the current health crisis required too much legal creation, in line with the indirect documentation technique, through documentary and bibliographic analysis. Moreover, for the prospective study of competing competence, will be used the judgments arising from the decisions of the STF and the TJ / SP, the decrees of the president of the republic, the Ministry of Health, the government and the prefectures of the state of São Paulo, in addition to using the bibliographic content produced by authors specialized in the subject. (AU)

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