THE PRECAUTIONARY MEASURE IN ADI 7.222: AN ANALYSIS FROM THE PERSPECTIVE OF ECONOMIC LAW ANALYSIS

Abstract

The purpose of this scientific article is to study the application of the economic analysis of law in the Precautionary Measure of the Direct Action of Unconstitutionality (ADI) nº 7.222. Thus, the present work seeks to analyze the said decision and inquire whether there was application of the Economic Analysis of Law and whether its conceptions, such as efficiency and pragmatism, brought balance and effectiveness to the aforementioned judicial decision. To achieve this focus, the research sought to conceptualize and bring historical aspects of Constitutionality Control and its systems in Brazil and the definition of Precautionary Measure in ADI. Research was also carried out on the struggle of health professionals, especially nurses, nursing technicians, nursing assistants and midwives for the approval of Bill 2564/2020, which resulted in Law 14.434/2022. The historical aspects of the economic analysis of Law, definition and concept were also sought. In this way, it is concluded by the pragmatic relevance of the economic analysis of law and its importance for society.