Do ativismo judicial a juristocracia: análise do Supremo Tribunal Federal sobre as medidas legislativas adotadas durante a pandemia do Covid-19

Abstract

The presenting work has as a goal verifying how the practice of juristocracy runs in Brazil by a political perspective of confronting the Covid-19 crysis. Starting with comprehending the principle of the powers separation, it is understood that facing the Covid-19 pandemic scenery and under the emergency management due to collective public welfare justification, the Supreme Federal Court (Supremo Tribunal Federal - STF), judged the Direct Actions of Unconstitutionality (ADI) nºs. 6.341 and 6.543/2020 whose interpretation gave competencies to all federated entities to adopt restrictive sanitary measures, justifying competencies that could be classified as juristrocratics. The chosen approach was deduction by practical-theoretical demonstration of juristocracy in contemporary times, aiming to differentiate judicial activism from political judicialization, enhanced by the use of consequentialism in judicial decisions in sight of a pandemic setting. The ADIs's judgment confirms that the brazilian Judicial Power interfered directly with the public policies involved in the effort in facing the pandemic, on such act, wound up practicing juristocracy