SYNDICABILITY OF THE ADMINISTRATIVE ACT: THE READING PROMOTED BY SUPREME FEDERAL COURT IN THE JUDGMENT OF ACO 3.451/DF

Abstract

Considering that the Covid-19 pandemic, in addition to the serious health emergency has caused, it has also generated deep crises in the economic, political-ideological and governance Fields. Furthermore, it has been destining to the Judiciary the solution of several questions that in a normal situation would not be within its jurisdiction.  Thus a research is carried out on the decision rendered by the Federal Supreme Court in the judgment of ACO 3451/DF, in which the Court has made possible the automatic authorization for the State from Maranhão to import and distribute the Sputnik V vaccine to its population, in order to analyze whether this adopted stance, in addition to promoting a reinterpretation of the syndicability of the administrative act is in according to the constitutional provisions. A descriptive and exploratory research with a basic strategic purpose has been carried out, under the deductive method, with a qualitative approach and carried out by bibliographic and documentary procedures. In this view, it has appeared that the decision taken by Superior Court in the judgment by ACO 3451/DF completely has affronted the principle of functional division of power, expressed in art. 2 by the Federal Constitution, as well as culminating in violating the very right to health, provided for in art. 196 by the Federal Constitution.