COURTS, POLITICS AND CONSTITUTIONAL DIALOGUE IN THE COVID-19 CONTEXT: A BRAZILIAN CASE STUDY

This work presents initial findings of empirical research on the Brazilian Federal Supreme Court performance in the COVID-19 context, facing national and global challenges of public law, politics, and governance. Recently published studies on emergency powers in the pandemic reveal that courts in a wide array of countries have played a significant role, undermining an executive unbound perspective in the management of health challenges and favoring the exercise of a constitutional dialogue during the pandemic. This research investigates from a comparative perspective whether the Brazilian Court’s case is also on this path. Given its massive decisions, we opted for an institutional cut, adopting the table of cases selected from the list of main rulings concerning the pandemic, prepared by the Court’s Presidency. Through systematic documentary analysis, combining political and social science, we search for elements of convergence between these cases in terms of constitutional dialogue.