Diálogos interinstitucionais no contexto da pandemia da covid-19: a atuação da Corte Constitucional Colombiana na proteção e efetivação do direito à saúde

Abstract

This research aims to analyze the decisions of the Colombian Constitutional Court within the context of the covid-19 pandemic, aiming to verify the existence of a dialogical relationship between the powers, in search of the enforcement and protection of the fundamental rights, in particular, the right to health. Through document analysis and empirical-jurisprudential research, having as a theoretical framework the studies of Christine Bateup on the theory of interinstitutional dialogues, the studies of Tom Ginsburg and Mila Versteeg on the performance of emergency powers in the pandemic and the theories of Legal Argumentation and Fundamental Rights of Robert Alexy, the creation and performance of the Colombian Constitutional Court will be studied, in order to understand its paradigmatic behavior through the exercise of the judicial review. Thus, will be studied the judicialization of politics and health in Colombia, as well as the peculiarities of the protection and enforcement of the right to health in the south-american country. The hypothesis is that the various forms of dialogue emerge as a possibility to allow the joint construction of more effective means of protecting fundamental rights in the pandemic context, with no power overlapping the other, and in order to enrich the arguments of the decisions analyzed. After collecting data through empirical research, will be noted that, despite the presence of dialogues having been identified, there is still a need for the Colombian State to strengthen and further deepen the dialogical construction of decisions on constitutional matters.