ATIVISMO JUDICIAL E POLÍTICAS PÚBLICAS DE SAÚDE: uma análise das decisões do Tribunal de Justiça da Paraíba durante a pandemia de COVID-19

Abstract

The present study aims to analyze the decisions rendered by the Court of Justice of Paraíba during the peak of the COVID-19 pandemic between the years 2020 and 2021, seeking to ascertain whether such decisions were indispensable for the realization of the right to health and if there was a violation of the principle of separation of powers. In order to do so, the recognition of the right to health as a legitimate fundamental right was pursued, aiming for a more robust state protection. Additionally, it was observed that public policies are important mechanisms for the realization of the right to health in a pandemic context. However, such policies may be ineffective in ensuring the protection of these social rights, which consequently may lead to judicialization. In light of this panorama, it was found that during the COVID-19 pandemic, numerous cases involving public health policies reached the courts in Paraíba in search of a resolution. It happens that in attempting to resolve such cases, the judges engaged in the practice of judicial activism, which can be understood as a complex phenomenon that is intrinsically related to the principle of separation of powers. This principle is aligned with contemporary society, characterized by its hypercomplex nature. It was identified, therefore, that the Court of Justice of Paraíba engaged in various activist practices and that, in many cases, such practices were necessary and inherent to the context of the global public health emergency. The literature review and the quantitative-qualitative methodology were used in the analysis of the 18 decisions of the Court of Justice of Paraíba.