Since the beginning of the pandemics the Brazilian president has ruled through decrees and provisional measures and it has exorbitated his legislative power. The legislative powers of the president are derived from Art 84, IV of Brazilian Constitution. The president has no constraint in cheating the Constitution. In the Brazilian system of checks and balances legislative presidential excesses are subject to the control of the judiciary, however the answers given by the judiciary have been somehow problematic in two ways: the content of the decisions are reasonable in controlling the unconstitutional measures of the executive branch but the form not so much. That is, Brazilian Supreme Court has decided important cases in a non-deliberative manner. Monocratic decisions by a single Justice have been the rule instead of the exception. The paper wants to explore three cases relating the pandemics and involving the three government branches and the limit between the norm and the exception.