THE ADMINISTRATIVE STATE UNDER STRESS IN BRAZIL: Reshuffling the State through executive decrees and provisional measures (2019-2021)

There is wide criticism for the Brazilian Government of Bolsonaro controversial stance and inaction during the pandemic crisis. In this article, we take a more comprehensive view of this Administration’s goals concerning the role of administrative law. We explore the theoretical roots and practical consequences of implementing a deregulation policy through unilateral Executive action. In order to do so, we empirically assess all the provisional measures and executive decrees edited during this Presidency. We aim to critically examine this disruptive approach in three policy areas (environmental, gun control, and business deregulation). In addressing the plausibility of a comprehensive reshuffling of the Administrative State by a minority government through legislative mechanisms that are part of the Executive toolbox provided by the Constitution, we put the Brazilian case in perspective and provide insights for the comparative agenda on the erosion of liberal democracies.