The Right to Health during the COVID-19 crisis: an analysis of key decisions by the Brazilian Supreme Federal Court

Abstract

This article examines the role of the Brazilian Supreme Federal Court (STF) during the covid-19 pandemic, emphasizing its importance in defending the right to health. The objective was to analyze the main STF decisions related to covid-19. To this end, a thematic analysis was conducted. Seventeen themes were identified among the 42 selected decisions in concentrated constitutional control actions, with four themes and 12 decisions described and discussed in this article. The topics addressed were: Federal Government’s actions; covid-19 data; Single Queue for Hospital Beds; covid-19 prevention measures. The STF played a crucial role in protecting the right to health during the pandemic, ensuring the implementation of necessary measures to control covid-19. It guaranteed transparency in data disclosure and the adoption of evidence-based public policies, while balancing restrictive measures and individual rights. The crisis highlighted the importance of a strong and independent legal system to ensure government actions comply with the Constitution and protect the population’s rights, especially in health emergencies.

Keywords:
Brazilian Supreme Federal Court; Right to Health; COVID-19