The COVID-19 crisis in Brazil as a case for political, not legal, constitutionalism.

In this paper we analyze the performance of the brazilian Supreme Federal Court (STF) in the control of acts of the federal executive power during the health emergency of Covid-19. In particular, submit to scrutiny the belief that in the period marked the STF would have acted endowed with legitimacy and effective capacity to act in defense of the democratic constitutional order and the federation, in a context in which the legislative power and other representative institutions lacked strength and/or interest to face a potentially authoritarian executive power. We suggest that this view be rejected in favor of a more “political” constitutional perspective: the authority of the STF during the crisis is a variable essentially dependent on a previous and uncertain coalition of political forces outside the court, for which the executive powers of the states and “public opinion” were decisive.