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Revista da ESDM  12 2020 

PANDEMIA E JUDICIALIZA??O DA CRISE: A NECESSIDADE DE DIáLOGO INSTITUCIONAL E DA OBSERV?NCIA DA MEDICINA BASEADA EM EVIDêNCIAS

DOI: 10.29282/esdm.v6i12.148, PP. 67-83

Keywords: Judicialization. Pandemic. Institutional Dialogue. Evidence-based medicine.

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Abstract:

This article aims to analyze the judicialization of health in Brazil and its consequences for public policies in times of pandemic by COVID-19, emphasizing the need to seek institutional dialogue and a debate guided by science. Based on a panoramic survey of the decisions of the Supreme Federal Court and its posture of selfrestraint, it was demonstrated that, in order to preserve the harmony between the Powers in times of combat, of all, united, against the coronavirus, a deference to the choices of public managers, provided that they are backed by scientific evidence and statistical health data, having created a new requirement of validity for the administrative act, in pandemic times, that is, motivated in science, based on the principle of precaution.

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