Covid-19: uma análise constitucional no contexto pandêmico entre os direitos fundamentais versus o poder estatal

Abstract

The present work deals with Covid-19: a constitutional analysis in the face of the pandemic context between fundamental rights versus state power, in order to investigate which fundamental right should prevail in these emergency health relations: freedom or health. We sought to answer the research problem from the analysis of emergency decrees of federated entities as well as decisions of higher courts determining compliance with restrictive measures imposed on society for the greater good, human health. We also sought to verify the option of non-vaccination, by part of society, based on personal and religious convictions and beliefs and the consequences generated by the return/entry of face-to-face activities. The method of approach used was deductive, starting from the global pandemic issue generated by Covid -19 to the particularities generated by the restrictive measures of Brazilian federative entities and the verification of their constitutionality based on human health. The research techniques used were bibliographic, documentary and interview analysis. The results achieved were to prove the constitutionality of emergency health measures, as supported by some jurisprudential decisions of the Federal Supreme Court.