THE MUNICIPALITIES AND THE NEW CORONAVIRUS: REVIEW OF THE MUNICIPAL POLICE POWER AND THE BRAZILIAN FEDERATIVE DESIGN

• Autor(a) principal: ANDRADE, ERIC SANTOS
• Data de Publicação: 2022
• Outros Autores: PATRÃO, BENEDICTO DE VASCONCELLOS LUNA GONÇALVES
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista do Direito Público
• Texto Completo: https://ojs.uel.br/revistas/uel/index.php/direitopub/article/view/44338
• topic: Police Power; Municipal Public Administration; Local interest; Coronavirus.; Poder de Polícia; Administração Pública municipal; Interesse local; Coronavírus.

The present article has as its problem the issue of the institutional limitation that the municipal public administration has been suffering from the coronavirus pandemic. The Judiciary Branch's understanding that municipalities have additional jurisdiction over the States and the Union does not establish any reasonable criteria to actually resolve controversies and weaknesses when taking decisions on restrictive measures to combat COVID-19. This generates normative contradictions and raises the re-discussion of the exercise of the power of the sanitary police, as well as what may or may not be considered as being of local interest, compared to regional and federal interests. The hypothesis is based on the claim of weighting of the police power, by the principle of proportionality and reasonableness. The so-called institutional cooperation between society and the State will be an important differential in the search for effectiveness in combating the coronavirus. The methodology will focus on descriptive and critical analysis of doctrine, jurisprudence and legislation.