A atuação do STF e o equilíbrio do pacto federativo : um estudo a partir das políticas públicas de saúde do Estado do Maranhão

Abstract

The Federal Constitution of 1988 stablishes that the entities of the Federation must act in favor of the effectiveness of fundamental rights; a guideline that becomes even more evident when one looks at the right to health, especially in relation to joint liability in its implementation, the which materializes especially through the Unified Health System (UHS). During the pandemic caused by COVID-19, it was found an intensification of the federative tension between the Union and the State of Maranhão in relation to the measures to face the pandemic caused by the coronavirus, conflicts that were the object of deliberation by the Federal Supreme Court (FSC). Thus, this paper discusses how the performance of the FSC represented a relevant contribute to the implementation of public health policies within the State of Maranhão. For this, the hypothetical-deductive method was used, starting from the provisional hypothesis that the performance of the FSC was essential to guarantee the right to health in the State of Maranhão in pandemic period (2020/2021); developing the research from this premise, it refers to Brazilian federalism, the right to health in Brazil and the decisions of the FSC on the subject (ADI n.º 6341, ACO n.º 3451 and ACO n.º 3473). From the analysis of the aforementioned decisions, it is concluded that the role of the STF in the period of 2020 and 2021 was essential for the State of Maranhão to guarantee public policies in the area of health compatible with the need to face the pandemic.