Distribuição de competências à luz da ADI 6.343

• Autor(a) principal: Oliveira, Gustavo de
• Data de Publicação: 2021
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Institucional da UNESP
• Texto Completo: http://hdl.handle.net/11449/216264
• topic: Federalism; Competencies; Pandemic; Constitution; Federalismo; Competências; Pandemia; Constituição

This paper addresses the understanding of the Supreme Federal Court regarding the constitutional competencies of the federal entities in the context of the COVID-19 pandemic, analyzed from the Direct Action of Unconstitutionality 6.343. In this regard, the scope of investigation of this work falls within the theme of federalism, studied based on its practical and theoretical manifestations, highlighting the distinction between its dualistic and cooperative aspects. The general objective of the work is to present the reasons that led the Justices to the final result of the decision, as well as an analysis of these same reasons and related issues made from premises derived, essentially, from the Constitutional Law. To this end, the court's reasoning is presented as a basis for the respective analysis, also considering the votes that were not victorious in the trial. The conclusions reached show that the court advocated the decentralization criterion when interpreting federalism in Brazil, understanding, by majority vote, for the application of common and concurrent competencies in the case to the detriment of the Union's exclusive competence for planning and promoting permanent defense against public calamities.