THE ROLE OF THE SUPREME FEDERAL COURT IN PROTECTING FUNDAMENTAL RIGHTS IN TIMES OF SOCIAL CRISIS: THE CASE OF THE COVID-19 PANDEMIC

Abstract

he COVID-19 pandemic, declared in March 2020, imposed unprecedented challenges on the Brazilian State regarding the simultaneous protection of public health and individual freedoms. This article analyzes the performance of the Brazilian Federal Supreme Court (STF) in safeguarding fundamental rights between March and December 2020, the most critical period of the health crisis. The objective is to examine how the Court reconciled conflicts between the right to life and health, freedom of movement, economic activity, and federal competences. The theoretical framework is based on Robert Alexy’s theory of fundamental rights, the theory of the limits of limits, and contributions from Ingo Sarlet, Ana Paula de Barcellos, and Alexandre de Moraes. The methodology is deductive, using bibliographic and documentary research focused on landmark decisions such as ADPF 672, ADI 6341, and ADPF 709. The findings indicate that the Court reaffirmed cooperative federalism, prioritized the protection of life, and applied balancing techniques as a decision-making tool. It is concluded that, despite challenges regarding systematic reasoning, the Court’s performance significantly contributed to preserving the essential core of fundamental rights during a crisis.