Controle judicial de políticas públicas em cenário pandêmico: uma análise da ADI nº 6.341/DF

Abstract

The phenomenon of judicial activism, when manifesting itself on the judicial review of public policies aimed at realizing fundamental social rights, materializes the dilemma between universal access to the right and justice in the concrete case. In a pandemic context, this dilemma is added to the conflict between federative autonomy and separation of Powers, crystallized in ADI n. 6341/DF. Despite the constitutional clarity regarding the governing principles of Brazil’s Unified Health System, the scenario of serious health crisis revealed the misalignment between judicial decisions implementing microjustice and administrative guidelines in matters of public health.