Lealdade federativa na pandemia de Covid-19 na Lei 13.979/2020

Abstract

The theme “Federative Loyalty in the COVID-19 Pandemic in the Law 13.979/2020” adresses the tensions and challenges faced by the Brazilian Federative System during the sanitary crisis caused by the COVID-19. The pandemic exposed the complexity of the relations between the Federal Government, States and Municipalities, highlighting the importance of the federative loyalty, which implies in cooperation and mutual respect between those entities. Thus, it is interpreted that the principle of Federative Loyalty stablishes, in a binding manner, a duty of consideration with multilateral reciprocal effectiveness. This contributes to the consolidation of the federal order, neutralizing the tendencies of selfishness of the federative bodies. The division and limitation of power obliges the federative entitites not to do anything that could harm or invade the competence of other Entities. That said, the government’s actions during the pandemic, alongside the enactment of the Law 13.979, brought countless controversies in the legal and jurisprudential scenario, since such a law would invade the jurisdiction of Municipal and State Entities, violating the principle of federative loyalty. Therefore, this study aims to analyze and understand the Principle of Federative Loyalty, its application in the COVID-19 pandemic, the Law 13,979, of 2020 and its impacts regarding the jurisdiction of the Entities, and how the jurisprudence of the Federal Supreme Court dealt with such circumstances, especially with regard to the ADI 6343/DF. Furthermore, this research targets to contribute to the understanding of the federative dynamics in times of crisis and to reflect on the need for effective collaboration between the federative entities.